September 19, 2017 - King County

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1200 King County Courthouse 516 Third Avenue Seattle, WA 98104

King County Meeting Agenda Health, Housing and Human Services Committee

Councilmembers: Jeanne Kohl-Welles, Chair; Kathy Lambert, Vice Chair; Rod Dembowski, Larry Gossett, Dave Upthegrove Staff: Clifton Curry, Lead Staff (206-477-0877) Sharon Daly, Committee Assistant (206-477-0870)

1:30 PM

Tuesday, September 19, 2017

Room 1001

Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.

1.

Call to Order

2.

Roll Call

3.

Public Comment

To show a PDF of the written materials for an agenda item, click on the agenda item below.

Public Comment will be limited to agenda items.

4.

Approval of Minutes Minutes of the September 6, 2017 meeting

pp. 3-6

Briefing 5.

Briefing No. 2017-B0182

pp. 7-126

Briefing on the University of Washington Report on Statewide Recommendations to Reduce Human Trafficking in Supply Chains Sutapa Basu, PhD, University of Washington Women’s Center Joanna White, University of Washington Women’s Center

King County

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Health, Housing and Human Services Committee

Meeting Agenda

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Discussion and Possible Action 6.

Proposed Motion No. 2017-0365

pp. 127-220

A MOTION to approve the King County Labor Trafficking Report on how the county can effectively address the systemic nature of labor trafficking and economic exploitation in King County, as required by the 2017-2018 Biennial Budget Ordinance, Ordinance 18409, Section 20, Proviso P1. Sponsors:

Ms. Kohl-Welles

Margaret McClung and Deborah Espinosa, Report Consultants Clifton Curry, Council Staff

Other Business Adjournment

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1200 King County Courthouse 516 Third Avenue Seattle, WA 98104

King County Meeting Minutes Health, Housing and Human Services Committee Councilmembers: Jeanne Kohl-Welles, Chair; Kathy Lambert, Vice Chair; Rod Dembowski, Larry Gossett, Dave Upthegrove Staff: Clifton Curry, Lead Staff (206-477-0877) Sharon Daly, Committee Assistant (206-477-0870)

1:00 PM

Wednesday, September 6, 2017

Room 1001

DRAFT MINUTES SPECIAL MEETING

Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.

1.

Call to Order Chair Kohl-Welles called the meeting to order at 1:04 p.m.

2.

Roll Call Present:

3.

5 - Mr. Gossett, Ms. Kohl-Welles, Ms. Lambert, Mr. Upthegrove and Mr. Dembowski

Approval of Minutes Councilmember Lambert moved approval of the minutes of the August 15, 2017 meeting. Seeing no objections, the minutes were approved.

Briefing 4.

Briefing No. 2017-B0167 Briefing on the Timelines for Placing an Initiative on a King County Ballot Clifton Curry, Council Staff, briefed the committee and introduced Kendall LeVan Hodson, Chief of Staff, Department of Elections, who provided comments and answered questions from the members. Jim Brewer, Legal Counsel, King County Council, also answered questions from the members. This matter was Presented

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Health, Housing and Human Services Committee 5.

Meeting Minutes

September 6, 2017

Briefing No. 2017-B0176 Update on Trends in Drug Use and Treatment in King County Clifton Curry, Council Staff, briefed the committee and introduced Caleb Banta-Green, PhD, MPH, MSW, Alcohol and Drug Institute, University of Washington, who briefed the committee via a PowerPoint presentation and answered questions from the members.

This matter was Presented

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Health, Housing and Human Services Committee

6.

Meeting Minutes

September 6, 2017

Public Comment The following persons spoke: 1. Jalair Box 2. Marguerite Richard 3. Eric Seitz 4. Kate Gregory 5. Turina James 6. Aden Nardone 7. Johnny Schilling 8. Andrew Kashyap 9. Janet Best 10. Amy McKenna 11. Marlys McConnell 12. Michael Roberts 13. Steve Lambert 14. Kelley Craig 15. Chad Vaculin 16. Elizabeth James 17. Najja Morris 18. Michelle Conley 19. Cindy Pierce 20. Lisa Daugaard 21. Gretchen Taylor 22. Mark Cooke 23. M Jayne Freitag 24. Jennifer A 25. Patricia Sully 26. Phil Mocek 27. Joshua Freed 28. Corey Guilmette 29. Priya Walia 30. Andrew Snoey 31. Paul Feldman 32. Jin-Ah Kim 33. Alex Tsimerman 34. Tiffani McCoy 35. Tracy Roberts 36. Jean Darsie 37. Sharon Jones 38. Lee McKoin 39. Carl Nakajima 40. David Kerkele Patty Hayes, Director, Public Health-Seattle & King County, provided comments and answered questions from the members.

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Health, Housing and Human Services Committee

Meeting Minutes

September 6, 2017

Discussion and Possible Action 7.

Proposed Ordinance No. 2017-0341 AN ORDINANCE relating to supervised drug consumption sites; amending Ordinance 4785, Section 2, as amended, and K.C.C. 12.81.040, and adding new sections to K.C.C. chapter 4A.650 and K.C.C. chapter 12.81. Clifton Curry, Council Staff, briefed the committee and answered questions from the members. This matter was Deferred

8.

Proposed Ordinance No. 2017-0342 AN ORDINANCE prohibiting the executive from encumbering or expending any public funds for supervised drug consumption sites until the results of Initiative 27 are certified. Clifton Curry, Council Staff, briefed the committee and answered questions from the members. This matter was Deferred

Adjournment The meeting was adjourned at 2:58 p.m.

Approved this _____________ day of _________________

Clerk's Signature

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Metropolitan King County Council Health, Housing and Human Services Committee STAFF REPORT Agenda Item:

5

Name:

Clifton Curry

Proposed No.:

2017-B0182

Date:

September 19, 2017

SUBJECT Briefing on the University of Washington Report on Statewide Recommendations to Reduce Human Trafficking in Supply Chains SUMMARY Washington State has been considered a leader among the states in addressing human trafficking. In 2002, Washington was the first state in the country to create a Task Force Against the Trafficking of Persons. On March 10, 2016, Washington broadened the law by Senate Bill 5342 (Chapter 4, 2016 Laws), which expanded the definition of labor trafficking. In expanding the definition of labor trafficking the state also sought to develop information statewide labor trafficking and also to develop recommendations to reduce labor exploitation. To meet these requirements the task force supported a study on labor trafficking in Washington. The research was undertaken by the University of Washington’s Women’s Center. The recently completed a state-funded study provides recommendations for addressing human trafficking in Washington State. The 115-page report includes statistics but also stories of those victimized by human trafficking. The researchers are here today to brief the Committee on the results of their research and the report’s recommendations. BACKGROUND The State of Washington is considered to be a “hot spot” in an international human trafficking circuit between the United States, Mexico, Hawaii, Japan, Thailand and the Philippines. According to the Federal Bureau of Investigation, human trafficking is the world’s second-largest and fastest-growing black market. 1 Victims of human trafficking include children who are involved into commercial sex trade, adults age eighteen or over who are coerced or deceived into commercial sex acts, and anyone forced into different forms of "labor or services," such as domestic workers held in a home, or farm workers forced to labor against their will. Human trafficking is a crime under federal law. 2 Human traffickers lure and ensnare individuals into labor trafficking and sex trafficking situations using methods of control such as force, fraud or coercion. 1 2

http://leb.fbi.gov/2011/march/human-sex-trafficking. Trafficking Victims Protection Act of 2000; Trafficking Victims Protection Reauthorization Act 2003, 2005, 2008.

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Washington State has been described as a focal point for the recruitment, transportation and sale of people for labor, due in part to its abundance of ports, proximity to an international border, vast rural areas and dependency on agricultural workers. The Trafficking Victims Protection Act (TVPA) of 2000 was the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. Its four subsequent reauthorizations define forms of trafficking in persons, also known as human trafficking, specifically in two areas: labor trafficking and sex trafficking. Washington State has been considered a leader among the states in addressing human trafficking. In 2002, Washington was the first state in the country to create a Task Force Against the Trafficking of Persons. In 2002, House Bill 2381 created the Washington State Task Force Against the Trafficking of Persons. In the subsequent years, the Task Force was renewed by the Legislature several times. In 2003, the State of Washington enacted Chapter 267, Laws of 2003 (House Bill 1175), which made human trafficking a crime on the state level for the first time in history. And since 2003, nearly 40 state laws have been passed addressing aspects of trafficking, from mail order brides to stiffer penalties for commercial sexual abuse of minors. The Washington State Task Force Against the Trafficking of Persons was reauthorized in 2015 by Senate Bill 5884. The task force is charged with measuring and evaluating the resource needs of victims and survivors of human trafficking; identifying available federal, state, and local programs that provide services to victims and survivors of trafficking; making recommendations on methods to provide a coordinated system of support and assistance to persons who are victims of trafficking; reviewing effectiveness of strategies contained in the current state laws, and, making recommendations on legislation to further the state's anti-trafficking efforts. On March 10, 2016, Washington broadened the law by Senate Bill 5342 (Chapter 4, 2016 Laws), which expanded the definition of labor trafficking. Of particular note, “forced labor” is now defined as all work or service (whether legal or not) that is demanded from a person under the menace of any penalty, such as threats, violence, withholding of identity documents, and illegal deduction of wages and to which the person has not offered himself or herself voluntarily. In expanding the definition of labor trafficking the state also sought to develop information statewide labor trafficking and also to develop recommendations to reduce labor exploitation. To meet these requirements the state legislature supported a study on labor trafficking in Washington (the requirement for the review was part of the State Budget included in a Budget Proviso, sponsored by then Sen Kohl-Welles). The research was undertaken by the University of Washington’s Women’s Center. 3 The recently completed a state-funded study provides recommendations for addressing human trafficking in Washington State. The 115-page report includes statistics but also 3

The mission of the University of Washington’s Women’s Center is to create a more inclusive and compassionate society by promoting gender equity and social justice through educational programs and services that allow all participants to succeed in life.

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stories of those victimized by human trafficking. Researchers interviewed legal, nonprofit, service providers, and academy experts inquiring about nuanced supply chain practices and their perspective on ethical sourcing successes and challenges (smart practices), monitoring, and pragmatic policy development. The researchers note that human trafficking is a complex problem that requires a multifaceted approach to be eliminated. Clean supply chain public policy is one such approach that is necessary to enact change. Washington must lead by example and require the state and its vendors and corporations to amplify their current efforts, transparently and diligently manage their supply chain, and hold these actors accountable for their business and labor practices. In their report, the researchers recommended that the state legislature introduce and pass legislation that will accomplish the following: •



• • • • •

Implement Anti-Human Trafficking Public Procurement Policy That Addresses Supply Chain Management: Including anti-labor trafficking requirements in master and all other state contracts will support efforts to reduce Washington’s contribution to labor trafficking and assist smaller agencies in their ethical sourcing initiatives; Encourage Corporations with a Significant Presence in Washington State to Transparently And Diligently Manage Clean Supply Chains: Encourage meaningful accountability and enforcement mechanisms that incentivizes diligent management of ethical supply chains. Strengthen the Farm Labor Recruitment Act to protect foreign workers from exploitation in Washington; Contract with third-party monitoring agencies such as the Worker Rights Consortium, the Sweatfree Purchasing Consortium and Electronics Watch to audit Washington’s supply chains and support vendor compliance; Invest in third-party research to map and analyze risk current in WA’s supply chain; Revive the Joint Legislative Oversight Committee on Trade Policy to review the impact of trade agreements and make recommendations to trade representative on solutions to eliminated forced labor in global supply chains. Leverage Washington ports as an enforcement mechanism.

The authors of the study are here today to brief the Committee on the results of their study. INVITED: • •

Sutapa, Basu, PhD, University of Washington Women’s Center Johnna White, MPA, University of Washington Women’s Center

ATTACHMENTS: 1. “Supply Chains and Human Trafficking Fact Sheet,” University of Washington Women’s Center, 2017

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2. Report “Human trafficking and Supply Chains, Recommendations to reduce Human Trafficking in Local and Global Supply Chains,” Sutapa Basu, PhD and Johnna White MPA, University of Washington Women’s Center, June 2017.

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ATTACHMENT 1

SUPPLY CHAINS AND HUMAN TRAFFICKING

The trafficking of persons is a growing human rights problem that is exacerbated by public and private supply chain management and affects individuals both locally and globally. Outsourcing goods and services to countries with lower labor standards than in the U.S. has traditionally been one of the many ways companies decrease production costs. i However, this leaves businesses, particularly those with global supply chains, at risk of contributing to forced labor practices abroad. Locally, human trafficking has been reported in at least eighteen counties and within numerous industries present in Washington’s supply chainsii. Washington’s commercial landscape offers opportunities for exploitation, as many sectors that contribute to the local economy are also predisposed to human trafficking such as construction, manufacturing, agriculture, hospitality and food, all of which collectively generates nearly $100 billion towards the state’s GDP.

The Trafficking Victims Protection Act (TVPA) defines human trafficking, within two pillars: labor trafficking and sex trafficking. iii Labor Trafficking (also referred to as “forced labor”) is the recruitment, harboring, transportation, provision, or obtaining of a person using force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Human trafficking is the second largest iv and fastest growingv criminal enterprise in the world with profits estimated to equal $150 billion annually. vi,vii Globally, an estimated 21 million children, women and men are victims of human trafficking.viii The vast majority of whom, approximately 16.5 million (78%), are exploited primarily for non-sex related labor, specifically in sectors such as agriculture, construction, domestic service, hospitality, fishing, manufacturing, mining, and more.ix The Asia-Pacific region accounts 56% of the global victim population and is the home to the most popular destinations for businesses to outsource services, India, China, and Malaysia. x,xi Researchers interviewed legal, non-profit, service providers, and academy experts inquiring about nuanced supply chain practices and their perspective on ethical sourcing successes and challenges (smart practices), monitoring, and pragmatic policy development.

Many corporations including Washington-based companies such as Costco and Starbucks have strong Corporate Social Responsibility (CSR) initiatives that draw attention to their global footprint and aims to reduce instances of labor trafficking. Additionally, social media has proven to be a powerful tool in pressuring corporations to do more to eliminate labor trafficking and similar abuses from their supply chains (also referred to as ethical sourcing). However, these market drivers have not been strong enough to thwart the use of forced labor in product For additional information, see full report by the University of Washington Women’s Center

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manufacturing, as demonstrated by the numerous cases of labor trafficking in the Information, Communications, and Technology (ICT) industry in Malaysia and China, the fishing industry in Thailand, the garment industry in Bangladesh and more. Washington State and local governments enter into contract with various vendors that use both local and global supply chains to produce goods procured by public agencies. It is possible that these supply chains include victims of labor trafficking, yet the State does not currently monitor its supply chain nor require vendors use a supply chain free from forced or trafficked labor.

Human trafficking is a complex problem that requires a multi-faceted approach to be eliminated. Clean supply chain public policy is one such approach that is necessary to enact change. Washington must lead by example and require the state and its vendors and corporations to amplify their current efforts, transparently and diligently manage their supply chain, and hold these actors accountable for their business and labor practices. The University of Washington Women’s Center recommends the state legislature introduce and pass legislation that will accomplish the following: Implement Anti-Human Trafficking Public Procurement Policy That Addresses Supply Chain Management: Including anti-labor trafficking requirements in master and all other state contracts will support efforts to reduce Washington’s contribution to labor trafficking and assist smaller agencies in their ethical sourcing initiatives; Encourage Corporations with a Significant Presence in Washington State to Transparently And Diligently Manage Clean Supply Chains: Encourage meaningful accountability and enforcement mechanisms that incentivizes diligent management of ethical supply chains. Strengthen the Farm Labor Recruitment Act to protect foreign workers from exploitation in Washington; Contract with third-party monitoring agencies such as the Worker Rights Consortium, the Sweatfree Purchasing Consortium and Electronics Watch to audit Washington’s supply chains and support vendor compliance; Invest in third-party research to map and analyze risk current in WA’s supply chain; Revive the Joint Legislative Oversight Committee on Trade Policy to review the impact of trade agreements and make recommendations to trade representative on solutions to eliminated forced labor in global supply chains. Leverage Washington ports as an enforcement mechanism. i

16, Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview Press, 2000. Print. Washington State Task Force Against Trafficking of Persons. “Human Trafficking: Present Day Slavery, The Report of the Washington State Task Force Against Trafficking of Persons.” Office of Crime Victims Advocacy. WA State Dept. of Commerce, Trade and Economic Development. Jun. 2004. Web. Accessed 31 Jan. 2017. iii U.S. Department of State. Sec. 103. “Definitions. 8-9.” Victims of Trafficking and Violence Protection Act 2000. United States Government Printing Office: Washington DC. 2000. iv US Department of Justice. Federal Bureau of Investigations. “Human Trafficking/Involuntary Servitude.” FBI.gov. N.d. Web. Accessed 9 Feb. 2017. v Arlacchi, Pino. “Human trafficking fastest growing form of organized crime: UN anti-crime chief.” UN News Centre. United Nations. 1 Nov. 2001. Web. vi "Profits and Poverty: The Economics of Forced Labour." International Labor Organization. 1 Jan. 2014. Web. Accessed 2 Feb. 2017. vii Rey Hernández, César A. and Hernández Angueira, Luisa. “Human Trafficking in Puerto Rico: An INsivible Challenge.” Ricky Martin Foundation. Universidad de Puerto Rico. Jan. 2010. Web. Accessed 1 Feb. 2017. viii “Forced labour, human trafficking, and slavery”. International Labour Organization. 2014. Web. Accessed 13 Jan. 2017. ix “Forced labour, human trafficking, and slavery”. IBID x “Forced labour, human trafficking, and slavery”. IBID xi 3, ATKearney. “The 2014 A.T. Kearney Global Services Location Index: A Wealth of Choices, From Anywhere on Earth to No Location at All.” ATKearney. 2014. Web. Accessed 31 Jan. 2017. . ii

For additional information, see full report by the University of Washington Women’s Center

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ATTACHMENT 2

HUMAN TRAFFICKING AND SUPPLY CHAINS Recommendations to Reduce Human Trafficking in Local and Global Supply Chains Sutapa Basu, Ph.D Johnna E. White, MPA University Of Washington Women’s Center

This report was made possible through support provided by the Washington State Department of Commerce, as required by Washington Law 2015 3rd special session c. 4 s. 36 (ESSB 6052)

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The University of Washington Women’s Center The mission of the Women’s Center is to create a more inclusive and compassionate society by promoting gender equity and social justice through educational programs and services that allow all participants to succeed in life.

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JUNE 2017 REPORT TO LEGISLATURE

Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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CONTENTS Executive Summary............................................................................................................................. 1 Introduction ......................................................................................................................................... 3 Definitions ............................................................................................................................................ 3 Globalization and Labor Trafficking.................................................................................................. 5 Foreign Labor Recruiters and Human Trafficking .......................................................................... 6 Governments and Labor Trafficking................................................................................................. 8 Scope of the Issue: Statistics on Labor Trafficking ...................................................................... 12 Labor Trafficking and Washington State....................................................................................... 15 Corporate Social Responsibility and Labor Trafficking ............................................................... 18 Methodology ..................................................................................................................................... 21 Topics Under Study .......................................................................................................................... 23 Shared Value through Supply Chain Management Practices ................................................ 23 Scope of Social Media Industry............................................................................................... 30 Rana Plaza.................................................................................................................................. 30 The Bangladesh Accord ........................................................................................................... 33 Walmart...................................................................................................................................... 33 Corporate and Public Leadership: Case studies and best practices in ethical sourcing ... 35 Costco & the Thai Seafood Industry ...................................................................................... 35 Costco’s Sustainability Commitment ..................................................................................... 35 Starbucks Coffee and Farmer Equity (C.A.F.É.) Practices Program.................................... 36 Sustainability at Hewlett-Packard........................................................................................... 38 Apple Supplier Responsibility Program ................................................................................. 39 Alta Gracia.................................................................................................................................. 40 Patagonia Corporate Responsibility ...................................................................................... 42 The Federal Acquisitions Regulation (FAR) Subpart 22.17—Combating Trafficking in Persons....................................................................................................................................... 43 Coalition of Immokalee Workers (CIW).................................................................................. 45 The California Transparency in Supply Chains Act (The Act) .............................................. 47 Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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California Client Employer Law ............................................................................................... 49 University Licenses & the Worker Rights Consortium......................................................... 51 Dell and Swedish County Councils Case Study .................................................................... 52 Madison Sweatfree Purchasing Policy and Cooperative Contract .................................... 54 San Francisco and Los Angeles Sweatfree Procurement.................................................... 56 Procurement Status Quo in Washington .............................................................................. 57 City of Seattle Sweatfree Procurement ................................................................................. 59 City of Olympia Sweatfree Purchasing Resolution .............................................................. 59 RECOMMENDATIONS: HOW TO EVALUATE AND MONITOR SUPPLY CHAIN PRACTICES WITHOUT BIAS .............................................................................................................................. 62 RECOMMENDATIONS: HOW TO DESIGN COMPREHENSIVE, PRAGMATIC, AND ENFORCEABLE LEGISLATION ON GLOBAL ETHICAL SOURCING PRACTICES ....................... 66 CONCLUSION ................................................................................................................................ 71 Appendix A: Additional Recommended Provisions To Include In An Anti-Human Trafficking Procurement Policy .................................................................................................. 72 Appendix B: Additional Recommended Provisions To Include In Legislation Encouraging Corporations Transparently And Diligently Manage Clean Supply Chains .......................... 74 Appendix C: Sweatfree Procurement Policies And Resolutions Adopted In The United States .............................................................................................................................................. 75 Gratitude and Acknowledgements ............................................................................................ 77 Works Cited ................................................................................................................................... 86

Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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Executive Summary The trafficking of persons is a growing human rights problem that affects individuals locally and globally and is exacerbated by public and private supply chains. Outsourcing goods and services to countries with lower labor standards than in the U.S. has traditionally been one of the ways companies decrease production costs.1 However, this leaves many businesses, particularly those with global supply chains, at risk of contributing to forced labor practices abroad. In addition, we have found that human trafficking is present in Washington’s local supply chains and has been reported in eighteen counties within numerous industries.2 Washington’s commercial landscape offers opportunities for exploitation in sectors that are both predisposed to human trafficking and contribute to the local economy including construction, manufacturing, agriculture, hospitality and food,3 all of which collectively generate nearly $100 billion towards the state’s GDP. To gather assessments from individuals and organizations on how to reduce labor trafficking, researchers interviewed legal, non-profit service providers and academic experts, inquiring about nuanced supply chain practices and their perspectives on ethical sourcing successes (smart practices) and challenges, monitoring, and pragmatic policy development. KEY FINDINGS Many corporations, including Washington-based companies such as Costco and Starbucks, have strong Corporate Social Responsibility (CSR) initiatives that draw attention to their global footprint and aim to reduce instances of labor trafficking. Additionally, social media has proven to be a powerful tool in pressuring corporations to do more to eliminate labor trafficking and similar abuses from their supply chains (also referred to as ethical sourcing). However, these market drivers have not been strong enough to thwart the use of forced labor in product manufacturing, as demonstrated by the numerous cases of labor trafficking in the Information, Communications, and Technology (ICT) industry in Malaysia and China, the fishing industry in Thailand, and the garment industry in Bangladesh, to name a few. Washington State and local governments contract with various vendors that use both local and global supply chains to produce goods bought by public agencies. It is conceivable that these supply chains include victims of labor trafficking, yet the State does not currently monitor its supply chains nor require vendors to use a supply chain free from forced or trafficked labor. RECOMMENDATIONS Human trafficking is a complex problem that requires a multi-faceted approach to be Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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eliminated. Clean supply chain public policy is one such approach that is necessary to enact change. Washington must lead by example and require the state and its vendors and corporations to amplify their current efforts, transparently and diligently manage their supply chain, and hold these actors accountable for their business and labor practices. The University of Washington Women’s Center recommends the state legislature introduce and pass legislation that will accomplish the following: 1. Implement Anti-Human Trafficking Public Procurement Policy That Addresses Supply Chain Management: Including anti-labor trafficking requirements in master and all other state contracts will support efforts to reduce Washington’s contribution to labor trafficking and assist smaller agencies in their ethical sourcing initiatives; 2. Encourage Corporations with a Significant Presence in Washington State to Transparently and Diligently Manage Clean Supply Chains to encourage meaningful accountability and enforcement mechanisms that incentivize diligent management of ethical supply chains; 3. Strengthen the Farm Labor Recruitment Act to protect foreign workers from exploitation in Washington; 4. Contract with third-party monitoring agencies such as the Worker Rights Consortium, and Electronics Watch to audit Washington’s supply chains and support vendor compliance; 5. Invest in third-party research to map and analyze risk in Washington’s current supply chain; 6. Revive the Joint Legislative Oversight Committee on Trade Policy to review the impact of trade agreements and make recommendations to trade representatives on solutions to eliminate forced labor in global supply chains. 7. Leverage Washington ports as an enforcement mechanism.

Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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Introduction As the first state in the nation to criminalize human trafficking, Washington State is recognized nationally as a pioneer in the anti-human trafficking movement. In response to reports of domestic servitude through the mail-order bride industry in the Filipino community, the University of Washington Women’s Center headed by Dr. Sutapa Basu hosted the first conference in the state to address this issue. The conference served as a catalyst for groundbreaking research and policy development. In 2003, then Representative Velma Veloria, her colleagues in the Legislature, and community of color activists such as Dr. Sutapa Basu, Emma Catague, Norma Timbang and others set a historic precedent by championing House Bill 1175, which made human trafficking a crime on the state level for the first time in history.4 Since then, all 50 states have implemented similar laws.5 Washington State remains at the forefront of the anti-human trafficking movement in policies and practice. For the past several years, the Polaris Project has assigned Washington a perfect score for having the strongest anti-human trafficking laws in the United States.6,I Human trafficking is a growing human rights problem that affects individuals locally and globally and is exacerbated by public and private supply chain management. Washington has the opportunity to further its exemplary commitment to end human trafficking through examining its own purchasing practices as well as laying groundwork for corporate supply chain transparency and due diligence. Consumers have repeatedly demonstrated that they prefer to purchase goods identifiable as manufactured under “good working conditions” (also referred to as a clean supply chain).7 The following report highlights the link between Washington State, human trafficking (also referred to as labor trafficking and forced labor), and business supply chains by identifying opportunities for strengthening private and public practices to eliminate human rights abuses.

Definitions The Trafficking Victims Protection Act (TVPA) of 2000 and its four subsequent reauthorizations define severe forms of trafficking in persons, also known as human trafficking, within two pillars: labor trafficking and sex trafficking. Labor trafficking is defined as the recruitment, harboring, transportation, provision, or obtaining of a person through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking is defined as a commercial sex act induced by force, fraud, or

According to the Polaris Project, a “perfect score” constitutes a basic legal framework that combats human trafficking, punishes traffickers, and supports survivors. I

Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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coercion, or in which the person made to perform such an act has not attained 18 years of age. 8 Similar to federal statute, Washington identifies a person guilty of human trafficking in the first degree when such person: “recruits, harbors, transports, transfers, provides, obtains, buys, purchases, or receives by any means another person knowing, or in reckless disregard of the fact, (A) that force, fraud, or coercion will be used to cause the person to engage in (i) forced labor, (ii) involuntary servitude, (iii) a sexually explicit act; or (iv) a commercial sex act, or (B) that the person has not attained the age of 18 years and is caused to engage in a sexually explicit or a commercial sex act.”9,10,II,III On March 10, 2016, Washington broadened the law by passing Senate Bill 5342, which expands the definition to honor the true scope of labor trafficking.11 Of particular note, “forced labor” is now defined as all work or service (whether legal or not) that is demanded from a person under the menace of any penalty, such as threats, violence, withholding of identity documents, and illegal deduction of wagesIV and to which the person has not offered himself or herself voluntarily.12 Sweatshops are workplaces, often associated with clothing production and electronic manufacturing, that regularly violate safety, health, wage, and labor laws.13 Traditionally, workers are employed at very low wages for long hours and under poor working conditions.14 While sweatshops and labor trafficking are not always synonymous, they are closely related. One interpretation differentiating human trafficking from sweatshop labor is employment through the use of force, fraud, and coercion rather than personal choice. However, the lines between choice and economic coercion are highly blurred. Even without that distinction, many sweatshop workers are likely also For more definitions or clarification, see WA RCW 9a.40.100 or www.apps.leg.wa.gov/rcw/default.aspx?cite=9a.40.100 III While human trafficking can include movement, it is not a requirement to be considered a victim of trafficking. Some victims are trafficked internationally or domestically, while others are subjected to exploitation in their hometowns. IV "Menace of any penalty" means all forms of criminal sanctions and other forms of coercion, including threats, violence, retention of identity documents, confinement, nonpayment or illegal deduction of wages, or debt bondage. II

Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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victims of labor trafficking. In this report, sweatfree or sweatshop policies are often included as model practices because the root causes of sweatshop labor and labor trafficking are very similar and therefore interrelated, complementary solutions are needed. Due to the complex nature of corporate supply chainsV and increasing demands to reduce production costs (i.e., race to the bottom),15 supply chains are often vulnerable to violations of labor trafficking. Within supply chains, human trafficking may occur in a variety of activities. This includes, but is not limited to, the production of a product, such as that produced by garment workers in a factory or farm laborers harvesting food, or the transportation necessary for product distribution, as well as the labor necessary for the service a business is supplying, such as housekeeping in a hotel.16

Globalization and Labor Trafficking Our interconnected and global marketplace has intensified the flow of capital, goods, and services, and the movement of people across borders, which has simultaneously fueled the human trafficking industry.17 Anti-human trafficking discourse has traditionally employed a supply-and-demand framework to explain the trade of human beings.18 Global economic policies favoring free trade such as the North American Free Trade Agreement (NAFTA)19,20,21, 22,VI and the General Agreement on Tariffs and Trade (GATT), which have greatly stimulated our world markets, have also produced unintended consequences.23 These policies have encouraged offshore sweatshops,24 forced migration of workers and a “race to the bottom mentality” by corporations,25 where the “demand for cheap goods drives the supply of cheap labor.”26,VII,VIII

For the purpose of this report, supply chains are defined as the sequence of processes involved in the production and distribution of a commodity. VI The North American Free Trade Agreement (NAFTA) eliminated tariffs on agricultural trade between the U.S. and Mexico and its effects drastically restructured Mexico’s economy and workforce. After NAFTA’s implementation, consumer food prices rose, leaving 20 million Mexicans in poverty. Small farmers lost the ability to support themselves, countless Mexican farms went out of business, and Mexico’s agricultural labor force decreased by 2 million. Consequently, Mexico to U.S. migration reached unprecedented rates with approximately 500,000 traveling to find work in the U.S. a year after NAFTA. VII Market liberalization is the relaxation of government regulations and restrictions on the global marketplace. VIII Structural adjustment programs, or SAPs, are the loans given out by the International Monetary Fund (IMF) and the World Bank (WB) to developing countries in economic crises. To qualify for a loan, the IMF and WB require the countries to follow policies to reduce government spending and pay back the loan. Historically, cuts included public spending for health, education, and subsidies to the manufacturing and agricultural industries. V

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With the expansion of markets to trade in, corporate supply chains have grown substantially in breadth and complexity.27,28 The garment industry’s manufacturing processes are a perfect example of this dramatic shift. Previously, manufacturers would oversee all steps from design to product delivery, whereas today the majority of retailers contract production to one or many factories abroad. 29 To meet the demand for inexpensive goods, companies have compressed their expenses, which historically has been realized through a disregard for the health, safety and wellbeing of the workforce.30 This approach has fostered a culture in which factory operators exploit the vulnerability of their economically disadvantaged workforce31 and hence, the human trafficking industry continues to grow. Workers’ obligation to acquiesce to such pressures stems from their desperation for work. To manage the expansive scope of production requirements, worker recruitment is frequently farmed out to third-party agencies with limited regulations in which unscrupulous recruiters prey on the vulnerability of the workers.32, 33 For this reason among others, over the decades we have witnessed the manifestations of the underside of globalization, including widespread cases of reduced wages and a disregard for safety protocols.34, 35,36

Foreign Labor Recruiters and Human Trafficking Labor recruiters, also known as labor intermediaries or labor brokers, who facilitate employment for migrant workers are another key driver of the human trafficking industry.37 Labor recruiters serve as an important facilitator for workers in search of employment opportunities, which fosters a dependent power dynamic resulting in workers’ vulnerability.38 The role of foreign labor recruiters varies in significance ranging from signing paperwork to securing housing and negotiating wages.39 In many cases, using a labor intermediary is the only way for workers to secure employment and is therefore a necessary risk of survival. A Reuters investigation from 2007 to 2016 found that labor recruiters were responsible for securing visas for 80% of the two million foreign workers approved for work in the United States – primarily in the agricultural industry or low-skill positions.40 The Global Horizons case, an international labor broker based in California, is a perfect example of how corrupt recruitment of temporary, migrant and immigrant workers and human trafficking directly impact the supply chain (also referred to as the food chain) in Washington State.

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Global Horizons Manpower, Inc. Under the guise of a legitimate recruitment agency, in the early to mid-2000’s, Global Horizons trafficked over 1,000 Thai workers on H-2A visas into agricultural jobs across the U.S., including Eastern Washington. Two hundred or so of the workers were trafficked and forced to work in Washington and Hawaii.41 Global Horizons charged aspiring workers in Thailand upwards of $20,000 in recruitment fees in exchange for a promise of steady and high paying agricultural jobs with a legitimate H-2A guest worker visa, transportation to and from the United States, and housing.42 According to a Verité investigative report on the case, upon arrival in the United States, workers’ passports were confiscated, their wages were lower than promised, and in some cases, pay was withheld completely.43 Bonded to their jobs with a large debt to Global Horizons, families to care for in Thailand, and financially and socially isolated, these workers were forced to work day after day from 2003-2007 with no avenue for recourse.44,45 Specific living conditions varied by employer, but generally, the Thai workers were forced to live in dilapidated housing infested with rats and insects while sharing a room with dozens of others, and many men slept without beds. Furthermore, they were forbidden from leaving the premises. On the job, they endured screaming, threats and physical assaults from their supervisors, and were isolated from non-Thai farm workers, reports the U.S. Equal Employment Opportunity Commission (EEOC).46 In May of 2016, a federal judge ordered Global Horizons, Inc. to pay $7,658,500 to 67 Thai workers who are known to have suffered abuse, harassment and forced labor at two Yakima area farms.47

Another typical scenario of how corrupt recruitment fosters human trafficking in global supply chains may present itself as follows: To provide for his extremely poor and starving family, a Nepali man that we will call Bishal is forced to leave his family to search for employment. He has heard that there are good jobs in Malaysia where he can work in a factory manufacturing computer parts for global consumption. Bishal travels to the nearest city where he hires a recruiter to facilitate his work placement and arrange the logistics to work in a foreign country. In the hands of the recruiter, Bishal incurs exorbitant fees for job placement, travel arrangements, housing, and other expenses, which he has to leverage from friends, family, and a loan from the recruiter, thus placing Bishal in tremendous debt. Now, Bishal must work at his new job until he has earned enough money to pay back his recruiter and personal network, save enough to support his family, and eventually arrange travel home. He is now debt-bonded and further vulnerable to exploitation from his employer, who unfortunately, takes advantage of the situation and forces him to work 18-20 hour days, seven days a week for a fraction of the salary he was Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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promised. Unable to escape and forced to work, he is a victim of labor trafficking, forced to manufacture computer parts that will be sold across the globe. Unbeknownst to taxpayers and public officials, it is conceivable that Bishal’s blood, sweat and tears reside in the computers stationed at the desk of hundreds of City, County or State employees. Recognizing this unnerving reality, the U.S. federal and various state governments have worked on creating legislation to address abusive recruitment practices in corporate supply chains. As of 2016, progress has been made, but the practices of unscrupulous labor recruiters continue to be a major issue facing migrant workers in most supply chains.

Governments and Labor Trafficking Human trafficking is condemned by a host of international treaties and agreements that the United States has signed, as well as by federal and local statutes. The purpose, scope, and impact of anti-human trafficking policies globally are vast. One such dimension is the use of trafficked labor in public and private supply chains. Recognizing this fact, governments around the globe have begun to take leadership and require public and private agencies to draw attention to their supply chains. Below are some examples of public policies that address labor trafficking in public or private supply chains: GLOBAL EXAMPLES The European Union Garment Initiative aims to strengthen global governance and support stakeholders in garment producing countries on their ethical supply chain practices.48 The European Commission (EC) IX introduced this initiative on April 25, 2016 at a high-level conference in Brussels. With the details still in development, the EU Garment Initiative plans to use the EU’s significant purchasing power to organize key stakeholders across private and public sectors to strengthen and complement current clean supply chain efforts and fill unaddressed gaps.49 In support of this initiative, the CEO of Inditex,50,X one of the world’s largest fashion retailers, and the general secretary of the global union IndustriALL, which represents 50 million workers around the globe,XI have signed a groundbreaking agreement designating policies and collaboration to ensure that workers in Inditex’s

The European Commission (EC) is the executive body of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties, and managing the day-today business of the EU. X The Inditex group owns eight brands, including Zara, Massimo Dutti, Oysho, and others, and runs over 7,000 shops in 91 countries. XI IndustriALL Global Union represents 50 million workers in 140 countries in the mining, energy and manufacturing sectors. IX

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supply chain have the negotiating power to ensure fair pay and good working conditions.51 The UK Modern Slavery Act requires suppliers of goods and/or services carrying out, in-part or in-whole, a business in the UK with total annual turnover exceeding €36 million (approximately, 40.2 million USD at time of study) to disclose the activity they are undertaking to eliminate slavery and human trafficking from their business supply chains.52,53 FEDERAL EXAMPLES: Executive Order (EO) 13627: “Strengthening Protections Against Trafficking in Persons in Federal Contracts” amends the Federal Acquisition Regulations (FAR) to protect individuals who are contributing to services and the manufacturing of goods procured by the United States.54 Honoring the US’s power as the largest purchaser of goods and services in the world, in 2012, President Barack Obama signed Executive Order 13627.55 In essence, the policy protects workers by prohibiting the use of forced labor in the performance of a government sponsored contract or subcontract, misleading or fraudulent recruitment practices, recruitment fees, employees’ lack of access to their identification documents, and other practices that contribute to worker vulnerability.56 The Trade Facilitation and Trade Enforcement Act of 2015 amended Section 307 of the Tariff Act of 1930 to close the “consumptive demand” loophole that compromised the law’s intent.XII Previously, if domestic production was insufficient to meet demand, exceptions could be made for goods to be imported regardless of origin.57 Now that the loophole has been closed, the law explicitly prohibits the import of “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict, forced, and/or indentured labor” into the U.S. 58 The Fraudulent Overseas Recruitment and Trafficking Elimination Act (Pending) protects prospective employees overseas from unscrupulous recruitment practices that often leave workers vulnerable or victims of bonded labor (H.R. 3344 and H.R. 4586 in the 113th Congress).59,60 The Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (Pending) (H.R. 3226 and S. 1968) proposes amending the Securities Exchange Act of 1934 to “require certain companies to disclose information describing any measures the company has taken to identify and address XII

Please refer to 19 U.S. Code § 1307.

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conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the company’s supply chains.”61 Similar to the California Transparency in Supply Chains Act, this bill will also address businesses with annual worldwide receipts in excess of $100 million.62 STATEWIDE EXAMPLES: The Washington State Farm Labor Contractor Act (FLCA)XIII was originally passed in 1985, during an era of federal legislation regulating seasonal agricultural workers.XIV Washington’s FLCA is essentially a licensing system for farm labor contractorsXV and holds farms liable for unlicensed contractors’ services. The FLCA’s primary enforcement mechanism is an anonymous complaint system where wage or other labor rights violations are reported to and subsequently investigated by the WA Department of Labor & Industry.63 Over its 32-year tenure, various amendments have been offered to strengthen the law. Most recently and after the Global Horizons labor trafficking caseXVI highlighted the weaknesses of the law, Columbia Legal Services, a local non-profit labor rights law firm, and other advocates proposed opportunities to better protect agricultural workers. While the legislative efforts were unsuccessful at the time, the FLCA remains a promising vehicle to protect Washington’s agricultural workers from forced labor. At present, California’s Foreign Labor Recruitment Law (SB477) similarly requires contractors who hire foreign labor to register with the California RCW 19.30.200 (1985) states: “Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly, and severally liable with the person acting as a farm labor contractor to the same extent and in the same manner as provided in this chapter.” (RCW 19.30.200, 1985) XIV The federal Migrant and Seasonal Agricultural Worker Protection Act (AWPA) (public law 97-470) superseded the Farm Labor Contractor Registration Act (public law 88-582) in 1983. The AWPA assists migrant and seasonal workers, provides protections for transportation, housing, wages, and required farm labor contractor registration – similar to Washington’s Farm Labor Contractor law. (29 U.S.C §§ 1801-1872) XV A farm labor contractor (FLC) is defined as an individual, firm, partnership, association, corporation or government who, for a fee, does one or more of the following: recruiting, soliciting, supplying, transporting, hiring workers to perform any of the following activities: growing, producing, or harvesting farm or nursery products, reforestation of lands or harvesting Christmas trees. (RCW 19.30.010, 1985) XVI More information about the Global Horizons case is highlighted in the Foreign Labor Recruiters and Human Trafficking section of this report. XIII

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Labor Commissioner and contains protections for foreign workers by way of protecting supply chains.64 Illinois and Maryland have drafted comparable legislation.65 The California Transparency in Supply Chains Act (commonly referred to as CTSCA or The Act) of 2010 introduced a new era of social disclosure and supply chain transparency. The bill was signed into law in October 2010 and went into effect in January 2012. The law requires medium to large sized retailers and manufacturing companies to report on their actions to eradicate slavery and human trafficking in their supply chains. Approximately 1,700 companies that do business in California meet the $100 million qualifying threshold.66 The Act requires business to disclose their efforts -- if any -- to safeguard their supply chains from labor trafficking violations and is enforced solely through the Office of the Attorney General.67 More information about the Act is highlighted in the Corporate and Public Leadership section of this report. The California Joint Employer Law (AB633): In 1999, California’s Assembly passed their first version of a joint employer law (AB633) that holds garment manufacturers liable for their workers’ wages if their contractors failed to pay.68 Grievances are enforced solely through the Office of the State Labor Commissioner. Due to the complexity of the cases and other enforcement issues, the ability of the State to exercise the full potential of this law has been limited.69 Over the past five years, California has worked to strengthen this statute in hopes of incentivizing manufacturers to ensure legitimate contractors.70 More recently, the Assembly has passed two similar joint employer laws in the janitorial and long-term care industries.71,XVII In addition to California and Washington’s focus on labor trafficking and sweatfree policies, as of June 2012, 7 States, 16 Counties, 45 Cities, 4 Dioceses, 118 School Districts, and 4 Individual High Schools have adopted sweatfree procurement policies and resolutions.72,XVIII California’s Assembly Bill No. 1978 enacted a number of requirements to the property services (also referred to as janitorial services), that holds employers liable for any wages and penalties its contracted employer owes to its current and former employees. (A.B. No. 1978, Ch. 373, added Part 4.2, commencing with Section 1420, to division 2 of the CA Labor Code.) (California. Assembly. Employment: property service workers. 2015-2016 reg. sess. AB 1978. 15 Sept. 2016.) California’s Senate Bill No. 588 (signed by the governor in 2015), builds upon an existing law regarding the licensing and regulation of various types of long-term care employers to hold any individual or business entity that contracts for services in long-term care industries to be jointly and severally liable for any unpaid wages. (California. Senate. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement. 2015-2016 reg. sess. SB 588. 11 Oct. 2015.) XVIII See Appendix C for list of institutions. XVII

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Additionally, 186 colleges and universities have joined the collective of schools affiliated with the Worker Rights Consortium (WRC), an organization that monitors compliance and requires collegiate apparel to be produced in factories that protect workers from labor abuses and offer a living wage.73

Some Washington counties, cities and universities have also started taking a proactive stance against labor trafficking. Evergreen State College, Gonzaga, Seattle University, University of Washington, Washington State University, and Western Washington University are all members of the WRC and therefore maintain a code of conduct with licensees requiring that workers’ rights are upheld.74 Furthermore, the City of Seattle maintains a sweatfree policy that upholds the standard that the production and manufacturing of products for the City, specifically in “acquisition of textile uniforms,” are ethically sourced.75 Similarly, the City of Olympia maintains a resolution to purchase sweatshirts, t-shirts, and ball caps from responsible and ethical contractors when possible.76 More information about the City of Seattle and the City of Olympia’s sweatfree purchasing policies are highlighted in the Corporate and Public Leadership section of this report.

Scope of the Issue: Statistics on Labor Trafficking According to the International Labour Organization (ILO), XIX approximately 21 million children, women, and men are victims of human trafficking around the globe – if concentrated in the U.S., that would equal the entire population of Washington State three times over.77,78 While sex trafficking has been an area of great interest to public policy researchers, labor trafficking has only recently come to be a part of policy-making decisions.79 For this reason, there is a tendency in both private and public agencies to associate all forms of human trafficking with sexual exploitation.80 Yet globally, the vast majority of victims, approximately 16.4 million (78%) are exploited primarily for other forms of forced labor, specifically in sectors such as agriculture, construction, domestic service, entertainment, fishing, manufacturing, mining, and state-imposed prison of military labor (See Figure A). 81,82 Sexual assault of those victimized in the forms of labor listed above is also common.83 According to the ILO, private individuals and enterprises are responsible for exploiting 19 million victims (90% of those recorded as victimized), while state or rebel groups exploit approximately two million.84 These statistics highlight the vast influence private enterprises have in the trade of human beings for economic gain.

The International Labour Organization is the international body designated by the Treaty of Versailles to set global labor standards, develop policies, and devise programs promoting decent work for all women and men. XIX

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ILO Global Estimate by Form of Forced Labour

Global Estimate by Percentage

80% 70%

14.2 Million

60% 50% 40% 30% 20%

4.5 Million

10%

2.2 Million 0% State-imposed forced labour

Forced sexual exploitation

Forced labor exploitation

Form of Forced Labour

Figure A: ILO Global Estimate by Form of Forced Labor In a 2012 report, the ILO estimated that the global profits accrued through forced labor and sex labor exploitation reached $150 billion annually.85, XX These large profits are realized by minimizing the value of human life all over the globe for financial gain. Forced labor occurs most frequently in the Asia-Pacific region, with 11.7 million, or 56% of the global total victim count.86,XXI The staggering percentage of trafficking victims in the Asia-Pacific region include children, women, and men forced to work in a host of industries and occupations, such as labor in factories that produce textile goods.87 The Asia-Pacific region, which includes the world’s two most populous countries (India and China),88 is also home to great economic disparities, massive internal migration from rural to urban areas, and frequent instances of external migration in search of economic opportunities.89 Migrants forced to leave their homes in search of work are particularly vulnerable to exploitation and preyed upon by traffickers and recruiters, as these migrants are often desperate for work, fall victim to physical or cultural isolation, carry financial burdens, and confront language barriers, to name only a few factors contributing to their vulnerability.90, 91

Outside of state-imposed labor and forced sexual exploitation, “forced labor” includes domestic work, agriculture, and other economic activities. The total value of the forced labor industry is estimated to equal $150 billion. XXI Other regions follow: Africa at 3.7 million (18%), Latin America and the Caribbean at 1.8 million (9%), Central and South-Eastern Europe & CIS at 1.6 million, Developed Economies & the EU at 1.5 million, and the Middle East at 600,000 victims annually. XX

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The 2015 Trafficking in Persons (TIP) Report confirms this notion, finding that East and South Asian migrant workers are particularly susceptible to forced labor in the garment sector, often subjected to long working hours and forced overtime.92 Yet even with this knowledge, Asian countries continue to dominate the global market as the “best place” for businesses to outsource services.93 For the past 10 years, India, China, and Malaysia have continually topped the A.T. Kearney Global Services Location Index. 94,XXII In 2016, the U.S. Department of Labor’s Bureau of International Labor Affairs identified 139 goods from 75 countries believed to be produced by forced labor or child labor.95 These goods range from everyday items like coffee, cotton, electronics, and shoes to products such as bricks, minerals, and furniture.96,97 Outsourcing goods and services to countries with lower labor standards than in the United States has traditionally been one of the ways companies decrease production costs.98 However, this leaves many businesses, particularly those with global supply chains or layers of contractors, at risk of inadvertently (or intentionally) allowing forced labor practices abroad. Over the years, academics and corporations alike have exposed flaws in this approach to sourcing, recognizing the difficulty in oversight and prevalence of human rights abuses.99,XXIII In addition to garment manufacturing, which is commonly associated with forced or sweatshop labor, the information, communication, and technology (ICT) industry is another area hard hit by human rights abuses and forced labor. According to a 2014 Verité report-an assessment, auditing, research, and consulting organization focused on human rights-workers manufacturing components in technology companies' supply chains are subject to a number of vulnerabilities including often being a migrant worker, falling prey to recruitment swindles, entering indebtedness caused by exorbitant recruitment fees, and submitting to a host of workplace injustices as depicted above in the example of Bishal. The Verité study found that out of the 501 electronics workers surveyed, 73% exhibited forced labor characteristics of some kind.100 These findings are particularly pertinent considerations when assessing electronics manufactured in Malaysia. The ICT industry generated approximately 27% of Malaysia’s jobs in 2013 and assembles products for some of the world's major technology firms.101 Agriculture and fisheries, both domestically and globally, are similarly affected by forced labor as they, too, are industries heavily dependent on the work and recruitment of migrant workers.102 Even in Washington State, our agricultural industry is heavily supported by temporary, migrant, and immigrant laborers.103

“Now in its seventh edition, the A.T. Kearney Global Services Location Index tracks the contours of the offshoring landscape in 55 countries across three major categories: financial attractiveness, people skills and availability, and business environment.” More information can be found at: www.atkearney.com/strategic-it/global-services-location-index XXII

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Likewise, the hotel industry and its workers experience a similar predisposition to labor trafficking. Hotel franchise owners often contract with vendors, recruitment agencies, and cleaning crews without knowledge of workforce management. Hotels that frequently receive peaks in seasonal tourism also experience spikes in demand for short-term temporary labor.104 The sheets in a hotel room may be manufactured in a sweatshop, the room itself may be used to facilitate sex trafficking, and the housekeeper may be a victim of document retention, fraud, coercion, and other tactics unlawful employers use to force labor. 105

Labor Trafficking and Washington State Maria* was born and raised in Mexico. Several years ago, in search of work and a better life, she hired a smuggler on a payment plan to help her cross the border without documents. Now indebted to her smuggler and with limited employment options in the United States, she was preyed upon by traffickers and was forced to do custodial work in Texas. In addition to being held physically captive and abused, she was debt-bonded and continued to accumulate debt from her trafficker, who charged her exorbitant fees for transportation, housing, and food. Eventually, Maria was approached by a woman who offered to help her pay off her debt and escape from her trafficker. Desperate for freedom, she placed her trust in this woman, and accepted the offer. Unfortunately, this woman, too, prayed on her vulnerability, relocated her to Washington State, and trafficked her in another custodial contract agency. By the time she reached the Pacific Northwest, her new trafficker had supposedly paid off all her previously amassed debt, liberating her from that financial burden. In reality, Maria was now debt-bonded to a new trafficker, a woman who controlled her and the other victims (one male and another female) by isolating them from their families, indoctrinating them with fear of the police and immigration officers, and torturing them with physical and psychological abuse. Maria’s trafficker owned a janitorial service company and held contracts to provide these services to several businesses, including hotels and office buildings in the area. To supply her workforce, she often recruited from other countries and/or hired workers she could easily exploit, such as Maria. The trafficker forced all her victims to work in her janitorial business cleaning deserted buildings overnight and condemned them to domestic servitude during the day. Maria and her peers worked long hours, slept on the floor, and were rarely given enough food to subside their hunger. If Maria’s trafficker suspected anyone of trying to reach out for help, they were relentlessly beaten. In theory, Maria received a couple hundred dollars per Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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month in salary, but her trafficker kept her earnings, claiming it was to pay back the debt Maria had accumulated. After 3-4 years total of being trafficked, abused, and forced to clean local hotels and businesses in Washington and Texas, she was finally provided the opportunity to rescue herself and the child she birthed while in the U.S. The trafficker’s daughter reported her mother’s activities and helped connect Maria to a local service provider. Today, Maria and her child are safe and separated from her trafficker. Maria ultimately made the decision not to press charges against her trafficker out of fear from experiencing additional trauma. * Pseudonym used to protect identity Sources: Nguyen, Hao "Forced Labor Cases in Washington State." Telephone interview. 30 Jan. 2017. Alcantara, Joanne "HT Stories." Message to the author. 26 Jan. 2017. E-mail. API-Chaya cases

Labor trafficking is present, but not limited to international supply chains.106,107 In line with the ILO’s international estimate on labor trafficking prevalence, API-Chaya, a local survivor service provider, reports that approximately two-thirds of all their human trafficking cases are those of forced labor.108 Cases of human trafficking have been reported in eighteen Washington counties,109 many of which represent non-sex labor trafficking.110 The State’s commercial landscape provides ample avenues for traffickers to transport their victims in and out of the country unnoticed and force them to work in sectors that both contribute to the economy and that are known to be predisposed to labor trafficking, namely construction, manufacturing, agriculture, and hospitality and food, which collectively generate nearly $100 billion towards the state’s gross domestic product (GDP). 111,112,XXIV Washington State is an internationally recognized leader in import and export businesses, largely due to its variety of retail, manufacturing and globally-focused companies, its diverse offering of goods and services, and its geographic advantages.113 As an international gateway to the rest of the nation, Washington’s import industry contributes significantly to the state’s growing economy.114,115 At least 40% of all jobs in Washington can be tied to trade, making it “one of the most trade-engaged economies in the country.”116, 117,XXV In addition, the abundance of air and sea ports, railways, and highways place Washington at risk of contributing to human trafficking locally and globally. In 2015, the construction industry in Washington State generated $18.877 billion towards the state’s gross domestic product (GDP); the manufacturing industry generated $58.681 billion; Accommodation and food services generated $12.112 billion; and the agriculture industry generated $7.489 billion. XXV Overall, Washington is the fifth largest goods exporting state in the country and third largest per capita. XXIV

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The food and agriculture industry contributes $49 billion (13%) to Washington’s economy and agriculture is the State’s third-largest exporting industry, employing approximately 256,000 workers and producing 70% of the nation’s apples.118,119 While many farming jobs are concentrated in Eastern Washington, they are represented in all 39 counties. 120 Within the agriculture industry, there are populations at risk of exploitation including temporary, migrant, and undocumented workers.121,122 Washington ranks fourth in the nation for H2-A visaXXVI certifications, with the Washington Farm Labor Association the second largest petitioner of H2-A workers in the country.123 H2-A guest workers account for a sizable portion of the labor force Washington relies on to sustain its agriculture industry. Guest worker programs such as H2-A and H2-BXXVII visas are often described as a doubleedged sword. While they create job opportunities for migrant workers and support our local economy, they may also cultivate a culture and environment ripe for exploitation. Experts in the field such as Neha Misra, migration and human trafficking specialist at the Solidarity Center, postulate that guest worker and temporary migration programs inherently foster vulnerability, as they “create a subclass of workers entitled to fewer rights” than permanent workers or citizens.124 Some conditions of H2-A certification that tie workers to their employer have also raised red flags for vulnerability.125 In a national study that sampled 111 victims of labor trafficking, the vast majority (71%) of the victims in the study entered the United States on a temporary visa – most commonly on an H2-A visa for work in agriculture or H2-B visa for work in hospitality, construction, and restaurants. Additionally, the study identified some female domestic servitude victims who arrive on diplomatic, business, or tourist visas. 126 Migrant workers, including those who travel across international borders and workers following harvest seasons across the U.S., are particularly vulnerable to human trafficking.127 One of the most prominent factors underlying the vulnerability of migrant workers who travel far or travel internationally are the actions of unscrupulous labor recruiters, such as Global Horizons Inc., that deceive prospective workers and charge exorbitant fees that migrant workers cannot repay in a reasonable amount of time.128 Additionally, the seasonal and temporary workflow of agricultural production leads workers to frequently migrate to follow the crops’ seasons. As a result, workers often do The H-2A temporary agricultural program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. XXVII The H-2B temporary non-agricultural program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary non-agricultural jobs. XXVI

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not build relationships with any one community and may not recognize local support networks, or understand laws or available services.129 Immigrants without documents are also disproportionately vulnerable to labor trafficking as the fear of deportation discourages them from reporting abuses to authorities or seeking assistance.130 Washington is home to nearly 250,000 undocumented people who represent approximately five percent of the workforce, and the numbers are growing.131 Between 2009 and 2014, the unauthorized immigrant workforce in Washington State grew by an estimated 40,000 people.132 On a national level, the PEW Research Center estimates that one in four U.S. immigrants are unauthorized, accounting for nearly 11.1 million (25.5%) of the total U.S. foreign-born population.133 These immigrants are overrepresented in the workforces most prone to labor trafficking.134 Washington’s economy is heavily reliant on industries and workforces vulnerable to human trafficking and other labor rights abuses. Therefore, it is imperative that Washington consider ways to protect its supply chains from labor trafficking violations both domestically and abroad.

Corporate Social Responsibility and Labor Trafficking “Shared value holds the key to unlocking the next wave of business innovation and growth”135 -- Michael E. Porter and Mark KramerXXVIII Washington is the headquarters for a number of major corporations, including leaders such as Amazon, Boeing, Expedia, Starbucks, PACCAR, and Costco that import commodities, and thus are significantly connected to and impacted by labor management in their global supply chains.136 Mindfulness of a corporation’s social footprint is not a novel concept for the 21st century; a small selection of companies have long standing policies that reflect values of workforce and environmental sustainability.137 However, the popularity of corporate social responsibility (CSR) initiatives have drastically increased due to a growing shift in our global marketplace.138 Where there used to be a handful of corporations with CSR initiatives, now there are countless. Many of these programs have emerged in response to external pressures, particularly through mass media, which has strongly encouraged the use of CSR strategies as a tool to improve a company’s reputation and satisfy consumers’ demand for a clean supply chain. 139,140

Michael E. Porter is an economist, researcher, author and professor at the Harvard Business School. Mark Kramer is the co-founder and Managing Director of the social impact advisory firm FSG. XXVIII

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In recent years, a number of major companies have demonstrated an evolution away from a reactive model of CSR to a proactive approach that views social responsibility as a source of competitive advantage. 141 In line with this perspective, researchers have found that ethical sourcing and/or sustainable practices may increase productivity, profit, and longterm value for the business and decrease risk, turnover, cost, and injury. 142,143 In a study that analyzed purchasing trends of shoppers in 111 Banana Republic factory outlet stores, the same product was marketed in two ways, one as a “fashion forward” item and the other as a “fair labor” item. Researchers concluded that there is indeed a segment of shoppers who prefer to purchase apparel manufactured under fair labor standards and that such messaging had a “substantial positive effect on sales.”144 Many studies have drawn similar conclusions that support a consumer appetite for ethically produced goods. For instance, the following are three additional examples of clean supply chain preference: Higher sales for Fair Trade Coffee: In a field experiment that surveyed 26 stores in a US grocery chain, researchers found a 10% increase in sales of Fair Trade labeled coffee over non-Fair Trade labeled coffee.145,146,147,148,XXIX The experiment attached a Fair Trade label to certain bulk coffee bins in all stores assigned to the treatment condition. In stores assigned to the control condition, a similar label was applied to the same coffee bins, only it made no mention of trade origins. When comparing the same coffee in nature, but marketed differently, the Fair Trade branded coffee experienced higher sales.149 Mirroring this sentiment of consumer demand for seemingly ethically sourced coffee, due largely to a grassroots campaign led by Global Exchange, Starbucks became one of first major coffee brands committed to supplying Fair Trade-certified coffee grounds.150 Customers willing to pay a premium on ethically sourced goods: In 2006, researchers in Michigan tested consumer preference for socks made under “good working conditions,” specifically their willingness to pay a premium on ethically sourced socks. In their sample of 573 purchases over 17 months, the researchers concluded that “averaging across all trials in which there was a price difference, about 30 percent of customers were willing to pay a premium to avoid purchasing a

The Fair Trade system was developed in response to inequities that have resulted from globalization. The practice provides small farmers with stable, guaranteed minimum floor prices to protect them against a volatile market. Fair Trade Certified products are produced under the following principles: fair prices and credit, fair labor conditions, direct trade, democratic and transparent organizations, community development, and environmental sustainability. However, some research has revealed flaws in the Fair Trade program, where the costs of certification burden and sometimes alienate impoverished growers. XXIX

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product morally tainted by sweatshop labor”151; and Increased demand for “ethically” labeled goods: In 2005, a prominent Manhattan-based retailer, ABC Carpet and Home, experienced an increase in demand for towels and candles labeled as “Fair and Square”. The label “fair and square” highlighted fair and safe labor conditions. After running the experiment for 5 months, researchers found that sales rose for items labeled under good labor standards even when the products’ prices increased by 10-20%.152 Washington State is considered one of the “strongest, fastest growing [economies] in America” and continues to set a precedent for competitive, innovative business.153 The State’s legacy at the forefront of the anti-human trafficking movement coupled with its ever-growing economy offers leverage to promote anti-human trafficking initiatives, support positive business outcomes, and continue to show leadership through public and private supply chain-focused legislation.

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Methodology From February 1 to June 30, 2016, the University of Washington (UW) Women’s Center conducted a literature review of existing government and corporate social responsibility practices, scholarship pertaining to forced labor and human trafficking, and transcripts from Women’s Center hosted conferences, forums and meetings on forced labor, human trafficking and corporate responsibility.XXX The literature was divided into four categories: companies’ published supply chain disclosures, scholarship regarding ethical sourcing, government reports and documents on ethical procurement practices, and media stories relevant to corporate social responsibility models and supply chain scandals. Data on the scope of the human trafficking problem worldwide in academic articles and policy reports were analyzed and corporate responsibility was assessed through a variety of frameworks. Furthermore, existing city, county, and state-wide procurement practices such as the Seattle Sweatfree Purchasing Policy and the California Transparency in Supply Chains Act were examined. All information was gathered with an eye towards learning more about the corporate social responsibility culture, practices, and mechanisms for implementation. The second phase of this study began July 1, 2016 and gathers information not readily available online. Researchers interviewed subject-matter experts about nuanced supply chain practices and their perspective on ethical sourcing successes (best practices) and challenges, monitoring, and pragmatic policy development. The following parameters were used to target interviewees: Parties instrumental in the California Transparency in Supply Chains Act and Sweatfree public procurement ordinances; academics with research interests in corporate social responsibility, corporate supply chains, corporate value chains, sweatfree labor, and workers’ rights were; corporate lawyers who specialize in compliance with Supply Chain disclosures and due diligence, and not-for-profit organizations with a mission to end the practice of forced labor and support victims and survivors.

University of Washington Women’s Center Conference presentations and materials reviewed include: “Human Trafficking, Forced Labor and Corporate Responsibility” Continuing Legal Education/Professional Development Program, 2012; “Human Trafficking in an Era of Globalization: Forced Labor, Involuntary Servitude and Corporate & Civic Responsibility” two-day international conference, 2013; “Human Trafficking and Supply Chains Forum,” 2013; and “Economic Growth on the Back of Global Workers - Mapping Local Strategies for Global Change” two-day conference, 2016. Meeting notes reviewed include meetings with Starbucks Ethical Sourcing Team and Women’s Center Anti-Human Trafficking Task Force members. XXX

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In total, 42 people representing 30 organizations/departments including public officials, attorneys, public procurement officials, labor organizers, scholars, non-profit leaders, corporate representatives and a small business owner were interviewed.XXXI

XXXI

See Acknowledgements for list of people and affiliate organizations interviewed.

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Topics Under Study

In a survey of 566 U.S. based executives produced by The Economist, 74% of participants believed that corporate social responsibility could help improve the bottom line of their company.154 Porter and Kramer argue in “Creating Shared Value” that the distinction between economic and social goals represents a false dichotomy. Rather, the notion of shared value creates economic worth in a way that concurrently benefits society and industries.155, XXXII, XXXIII Without a shared value framework for business practices, corporations may limit themselves to a narrow way of operationalizing success, where short-term financial achievement takes priority over the sustained value of workers and their sustained development. Labor trafficking at its core interferes with fair competition because those using an exploited labor force win the proverbial “race-to-the-bottom,” which also inherently disincentivizes innovative and corrective action because of an initial competitive disadvantage.156 Alone or coupled with moral obligation, the concept of shared value offers great impetus for governments, corporations and civil society to challenge the culture and encourages businesses to revisit how companies manage their supply chains both domestically and internationally. Offering a resource to corporations, the World Economic Forum in collaboration with Accenture prepared a report entitled, “Beyond Supply Chains - Empowering Responsible Value Chains.” This report highlights steps to achieve what they coined as the “triple advantage.” Under these guidelines, companies are said to enjoy profits while simultaneously benefiting society. One of these practices is to establish supplier auditing and controls. This would offer high societal impact, relative ease of implementation, and medium to high profitability while increasing brand value and mitigating company risks. Advocates of this model assert that those companies who implemented the prescribed triple advantage practices have experienced significant benefits, namely a 5-20% revenue upgrade, risk reduction, and improved local welfare and labor standards (i.e. in wages and

Michael Porter is the Bishop William Lawrence University Professor at Harvard Business School and is well known as an economist, researcher, author, advisor, speaker and teacher. XXXIII Mark Kramer is a Visiting Lecturer of Business Administration at Harvard Business School and leading researcher, writer, speaker and consultant on strategies for social impact. XXXII

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working conditions). On an operational level, an authentically positive brand reputation influences a sustained credit rating and good labor practices.157 Similarly, reports from the ILO Better Work Program -- which brings together all levels of stakeholders in select countries to improve working conditions and boost the competitiveness of the apparel businesses -- demonstrates linkages between better work conditions, profitability, and market competitiveness.158 See “Key Findings from Better Work Vietnam” sidebar.159 Similarly, in a 2010 study, researchers quantified the benefit of clean supply chains. Broadly looking at environmental and labor sustainability practices jointly, the authors concluded that generally, the cost reduction impact of sustainable procurement outweighs the implementation costs. Furthermore, the reduction of risk associated with implementing a clean supply chain represents a worthwhile investment for companies.160 Averaged across the various case studies examined, implementing sustainable procurement reduced costs, per project, by .05% of the company’s total revenue. 161 With these cost savings, the authors conclude that sustainability-driven cost reduction alone could fund an entire sustainable procurement initiative. For example, improvements for safer building construction, factory ventilation, factory sanitation and more. Thus, companies could benefit from the risk management and revenue growth opportunities with no added cost. 162

Selection of Key Findings from Better Work Vietnam Better working conditions are linked to higher profitability. Tolerating abusive behavior in the workplace compromises the bottom line. The presence of verbal abuse or sexual harassment in a factory setting reduces the productivity of workers. Training line supervisors, particularly women, pays off in better working relationships and higher productivity.

In addition to benefits such as operational sustainability and respect for human life, consumers have displayed a great interest in clean supply chains and when accessible, react positively to ethical purchasing options. In 2011, collaborators from Harvard and Stanford found that on average, shoppers on Ebay were willing to pay a 45% premium for ethically labeled polo-style shirts in comparison to

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unlabeled polo shirts.163 Likewise, the aforementioned 2015 field experiment on Banana Republic factory outlet stores, the New York City retail store and the Fair Trade examples highlight that fair labor standards have a positive effect on sales among a segment of shoppers.164 It has been well documented under the sweatshop movement that forced labor, child labor and other human rights abuses are exacerbated and widespread in the global south, i.e. countries such as Bangladesh.165 While corporate headquarters in Washington State or elsewhere in the U.S. may not directly manage labor practices in various points of a supply chain, such as manufacturing plants and factories, labor abuses are a direct result of business decisions to produce in a global-based factory and with international contractors or subcontractors. With this knowledge heavily shared through media and social media campaigns, consumer-facing corporations can be largely impacted when evidence of labor trafficking is uncovered in their supply or value chain. Events causing a supply chain disruption such as a child or forced labor scandal represent on average, 0.7% of a company’s revenue in direct costs (such as financial penalties and product recall) and on average, a 12% decrease in market cap. 166 Public agencies have a tremendous opportunity to elicit a market response and encourage ethical supply chain operations.167 When the Norwegian sovereign fund sold €414 million in Walmart shares over reports of child labor and other human rights abuses with their suppliers, Walmart’s market share fell 11% between June 1 and mid-July of 2006.168,169 In the apparel industry, organized boycotts by universities, many of which were public institutions, affiliated with the Worker Rights Consortium in 2000 threatened up to 20% of the revenue of Gear for Sports, an athletic apparel provider, and up to 1% of Nike’s revenue.170 Social media has effectively changed the entire consumer landscape, where information is instantaneously and freely shared across the globe, activating substantial social movements. Before the popularity of social media platforms, activists were primarily forced to rely on mass media outlets legitimizing their claims. Through social media, activists have the opportunity to raise their voice and reach consumers across the globe.171 In early 2010, when severe workplace violations and subsequent worker suicides were revealed in Foxconn’s (a Taiwanese multinational company and the world’s largest contract electronics manufacturer) China-based factories, consumer backlash was not solely focused on Foxconn, but also on their brand clientele such as Apple, Dell, HP and Sony.172,173 These brands in turn were forced to respond by hiring a third-party auditor, The Fair Labor Association, to investigate the Foxconn factories. 174

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As Markus Funk, partner at Perkins Coie shared, one can reasonably assume corporations are doing what is projected to earn the most profit while keeping in line with their internal policies, procedures and code of conduct.175 Thus, the most pertinent information is likely how great of a risk it is to not have a clean supply chain rather than whether or not socially responsible (ethically sourced) supply chains are going to increase shareholder value or market share.

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THE IMPACT OF SOCIAL MEDIA ON CORPORATE SOURCING PRACTICES Corporate leadership in ethical supply chain management predates the age of social media; however, social media has greatly amplified the movement. In 1992, ahead of the emerging corporate social responsibility movement, a group of socially-minded entrepreneurs who saw the potential of progressive business to integrate social and environmental considerations into business practices founded Businesses for Social Responsibility (BSR). The organization began with 51 member companies, including Ben & Jerry’s cofounder Ben Cohen and Body Shop owner Anita Roddick, and now serves over 250 members.XXXIV, 176 Yet, when a person thinks about the birth of corporate social responsibility and the sweatshop movement, likely two pivotal events come to mind, the exposure of Nike and Kathie Lee Gifford’s sweatshop business model. Twenty years ago, Kathie Lee Gifford revealed to the nation how devastating a sweatshop scandal can be to one’s career and the heart wrenching impact of not diligently monitoring one’s supply chain. On April 29, 1996, the National Labor Committee Education Fund in Support of Workers and Human Rights in Central America publicly declared to Congress that Kathie Lee’s clothing line was being made by 13 and 14 year old children working 20 hours a day in Honduran factories. Shortly thereafter, news broke of factories in New York’s garment district producing blouses for her brand without pay. 177 According to a New York Times article, Halmode Apparel Inc, the Kellwood Company unit that holds the license to use her name, looked into this matter.178 Indeed, the manufacturing supply chain of her blouses was quite convoluted and is reported to flow as follows: Halmode Apparel held a contract with Walmart, the contract dictated the goods would be manufactured by a New York based company called Bonewco, and Bonewco would then subcontract with a manufacturer in Alabama. Specifics not included in the contract were that the Alabama Company subcontracted part of the order to a New Jersey-based company that in turn subcontracted to Seo, the factory where the abuses were taking place (See Figure B).

BSR offers consulting services to its members to provide creative engagement strategies and solutions to encourage sustainable business practices. Specific services advertised on their website include assessments of the company’s sustainability and supply chain practices, strategy development to drive business value, implementation support, assistance in developing sustainability disclosures and communications, and more. XXXIV BSR also promotes coalition building and stakeholder engagements to encourage the private sector to tackle sustainability issues in unison. XXXIV

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Figure B: Kathie Lee Gifford’s product supply chain Kathie Lee Gifford

Halmode

Walmart

Bonewco

Manufacturer in Alabama

New Jerseybased contractor

Seo - New York factory

In response to the public outcry, Kathie Lee began to publicly stand up against the sweatshop industry she was unknowingly supporting. The media attention and public reaction to her scandal offered momentum for the White House to initiate a task force on sweatshops, which later became the Fair Labor Association (FLA).179 The association serves as a collaboration of universities, civil society organizations and socially responsible companies dedicated to protecting workers’ rights around the world through monitoring, setting standards of affiliates, and supporting compliance.180,XXXV In a similar case, during the 1990s, Nike developed a negative reputation for their supply chain practices as allegations of child labor, substandard wages, and poor working conditions surfaced. Nike, whose massive success was due in part to their business model that capitalized on outsourcing its manufacturing, repeatedly came under attack from the media, consumers, and particularly college students in widespread protests and boycotts.181 By 1998, the company’s stock prices were falling and sales were weak.182 Then CEO Phil Knight, who was initially resistant to the protesters demands, finally responded to the public outcry and made headlines with his 1998 press conference speech on how “the Nike product has become synonymous with slave wages, forced overtime and arbitrary abuse.”183 In his speech, Knight made a series of pledges to address the criticisms about Nike’s supplier practices, including raising the minimum factory working age, tightening air Although appearing to take a zero-tolerance policy on forced labor, it is important to also know that according to Heather White, founder of Verité, when Ms. Gifford hired the organization to audit the supply chain associated with her brand and they determined that, “her problem was not just a few factories in Central America but at least 600 factories in China, Ms. Gifford turned to a public relations firm rather than creating a real mechanism for address the problems.” See: Pg. 228, Conroy, Michael E. Branded! : How the 'Certification Revolution' is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. XXXV

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quality controls, and introducing independent monitoring to ensure compliance. The same year, Nike created a corporate responsibility and compliance division to integrate sustainability values into company operations.184 As a show of their continued commitment to improving working conditions and clean supply chain practices, Nike disclosed a list of their factories in April 2005 (the list amounted to approximately 90% of Nike’s supplier factories and did not include Nike subsidiaries), a groundbreaking move at the time when many corporate leaders were fearful that factory disclosure would ruin a company’s competitive advantage.185 The perceived risk of factory disclosure was outweighed by the longer-term benefit created by Nike’s decision to disclose, as they are now perceived by some as leaders in the movement towards transparency.186,187 However, the Worker Rights Consortium (WRC) was recently denied access to Nike’s collegiate factory Hansae Vietnam, a subsidiary of Hansae Company Limited, a Korean multinational.188,189,XXXVI This sparked concern from University Students Against Sweatshops (USAS) and labor rights activists. In light of this news, UW USAS and chapters across the country have been organizing against Nike, demanding that UW and other universities divest from the brand unless they change their policy. In July of 2016, after the intervention of the University of Washington and Georgetown University, Nike agreed to facilitate access to Hansae for the WRC in the context of a joint WRC-FLA visit to the facility.190 The results of their audit highlighted severe workers’ rights violations ranging from abusive management to unsafe working conditions.191 This is of particular concern because Nike has been contracting with the factory for over a decade and claims to have been auditing their supplier for years, yet they missed or never acted on these violations.XXXVII Furthermore, Nike has failed to commit to facilitate access for the WRC to inspect its collegiate factories in the future.192 As a result, USAS is resolved to continue their campaign until either Nike’s contract with the university is discontinued or Nike’s policy is reversed. Similar to UW USAS, students at Georgetown University have organized campaigns and are applying pressure for the school to withhold renewing their contract with Nike that expired at the end of 2016 until Nike agrees to the WRC prescribed code of conduct. 193,194 According to the Georgetown Voice, a student-run newsmagazine, “until a new contract is reached, no new Georgetown-branded Nike apparel will be ordered or produced”.

Hansae’s other buyers include Gap, H&M, Hanes, Inditex (Zara), JC Penney, Kohl’s, Macy’s, Children’s Place, Polo Ralph Lauren, Target and Walmart. XXXVII According to the WRC report, Hansae has also been audited by Better Work Vietnam, a monitoring program on which Nike relies for labor rights inspections of its Vietnamese suppliers. Better Work Vietnam also missed many of the most serious violations at Hansae – and failed to achieve remediation of some that it did identify. XXXVI

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Kathie Lee Gifford’s and Nike’s cases are a crucial reminder of 1) The significant value of a brand’s reputation’s for success, 2) the importance of independent, third-party monitoring and 3) the negative effects poor supply chain management practices can have on business.

“There is no doubt in my mind that Avaaz played a pivotal role in persuading H&M to embrace the accord." – Labor Leader Media has played a significant role in corporations’ public disclosures and social impact policies. Bad press, particularly on issues regarding abuse of workers’ rights, has served as a catalyst for multinational companies to require suppliers in developing countries to change their employment practices, according to a study analyzing Nike and H&M’s response to negative media.195 Capitalizing on this knowledge, social media has been used to create more transparent supply chains through campaigns, information sharing and innovative tools such as Sourcemap that offer consumers instant go-to platforms to learn (to an extent) where a product is sourced.

“There is a rush for shipment—the buyer is putting pressure. He (the general manager) says that we have to hit our production target, then we can go home.” --Reba Sikder, Rana Plaza Survivor Management shouted at the workers to get to work and threatened to deduct a month’s salary if they did not comply. Reba Sikder and others were hesitantly standing outside the factory, sharing their fears of its shoddy infrastructure. The day prior, Sikder and her colleagues went home early after the building started to visibly deteriorate – sand and concrete had fallen on a worker’s hand – causing many to panic and rush to escape. The building owners assured the workers and the media, who had caught the crack on tape, that an engineer had inspected the building and that it was safe to return the following morning.

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Once employees were back inside the factory, Sikder’s general manager expressed concern that any delays in production would encourage the brands to move their valuable business to cheaper, quicker factories and pressured the employees to meet the production target as early as possible. Once they hit the production target, the manager said, the workers could go home. Twenty minutes in to the work day, the lights went out. Two or three minutes later, Sikder heard a massive boom, everything around her collapsed, and she fainted. Once she regained consciousness, Sikder woke to find she was covered in her coworker’s blood and her feet were trapped under a machine. Aminul, who worked beside her, was crushed under a beam and column and pleaded for help. Unable to free herself, Aminul died a few minutes later. Sikder managed to free her leg from the machine and started to navigate small openings in the rubble. During her journey out, Sikder found a pocket where thirty fellow workers were trapped, many injured or dead. Their thirst was overwhelming, and many resorted to drinking their own urine or blood to stay alive. Sikder and three others crawled through the maze of debris, losing hope with each dead end they encountered. For two nights and two days, Sikder passed in and out of consciousness trying to find her way out of the rubble. Eventually Sikder and her companions felt a breath of fresh air and heard sounds of people moving the concrete and rubble. They screamed and screamed until finally a man heard their cries and called in the army. Within half an hour, Sikder and her three colleagues were rescued. Many families never found the bodies of their loved ones. Eighteen-year-old Reba Sikder survived the Rana Plaza collapse in Dhaka, Bangladesh, unlike many of her peers. Her testimony paints a vivid picture of the haunting reality of supply chain negligence. Sikder’s experience is recounted from her personal testimony published in the book entitled, Women in Clothes.196 Rana Plaza was an eight-story commercial building in Bangladesh that housed several businesses including garment factories. On April 23, 2013, structural cracks were discovered in the building and all businesses except the garment factories on the upper floors immediately closed as a safety precaution. On April 24, the building collapsed, full of thousands of workers sewing apparel products for North American and European brands.

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In total, 1,138 workers were killed and nearly 2,600 workers were injured, many of whom will live the rest of their lives with disabilities.197 Following the Rana Plaza disaster, a huge public outcry ensued and nearly 2 million people around the world signed an online petition, hosted by a web-based tool called Avaaz, directed to the CEOs of H&M, Gap Inc., and other fashion brands to sign onto the Bangladesh Accord on Fire and Building Safety. The Bangladesh Accord would effectively change the way many brands operate by ensuring Bangladeshi factories used in apparel supply chains meet several standards to support workers’ safety and wellbeing.198 Social media tools like Facebook and Twitter were instrumental in mobilizing consumers to engage and take a stand against lax corporate supply chain norms. Largely due to social pressures, even though H&M was not represented as a brand with factories in Rana Plaza, they were among the first to sign the Bangladesh Accord in May 2013.199 According to a labor leader cited on Avaaz’s website, Avaaz -- and by extension other social media platforms -- played a pivotal role in affecting change in the Bangladesh garment district.200 Similar to encouraging corporations to use factories in Bangladesh that protect workers, social media was used to pressure corporations to admit usage of Rana Plaza based factories and assume responsibility by contributing to a victim-centered fund. Activism ranged from a billboard driven around Benetton’s global headquarters in Italy with a photo of a Bangladeshi woman on a stretcher with the phrase “Benetton: show your true colours” to online media campaigns.201 This media attention drove home the need for Benneton, and other brands represented in the factory, to face its full responsibility to the victims sewing for the company and their families. In the weeks following the tragedy, Benetton released a statement denying use of any factories in Rana Plaza, aside from a “one-time order” that was completed and shipped out several weeks prior to the incident.202 Benetton asserted that the factory they used in the Plaza, New Wave Style, was permanently removed from their list of suppliers, as it no longer met their code of conduct. 203 Benetton claimed to practice risk assessment audits of many of its suppliers, but unfortunately, the company never followed through with an audit of New Wave Style.204 Soon after Benetton’s statement, more information surfaced that Benetton’s “one-time order” claim was false, which forced the company to admit “occasional” sourcing from New Wave Style.205 Eventually, even more documents surfaced that revealed that Benetton had a long-standing relationship with New Wave Style. Only after pressure from the media did Biagio Chiarolanza, company CEO at the time, finally admit that Benetton’s orders with New Wave totaled upwards of 200,000 shirts in shipments between December 2012 and January 2013.206 Furthermore, after nearly 2 years of social pressure, Benneton finally paid an additional $1.1 million into the Rana Plaza Trust Fund in addition to the original $500,000

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the company contributed to victim medical care and long-term support. According to Marco Airoldi, the former Boston Consulting Group partner who took charge as Benetton’s chief executive in 2014, the activists’ campaign was “a bit of a kick.”207 The Bangladesh Accord of Fire and Safety (commonly referred to as The Accord) is a legally binding agreement between over 200 companies and 1,600+ factories208,209 dedicated to improving the Bangladeshi Ready-Made Garment (RMG) Industry. The Accord is governed by a Steering Committee “with equal representation of the signatory companies and trade unions with a neutral Chair provided by the International Labour Organisation (ILO).”210 The agreement consists of six key components:211 1. A five year legally binding agreement between brands and trade unions to ensure a safe working environment in the Bangladeshi RMG industry; 2. An independent inspection program supported by brands in which workers and trade unions are involved; 3. Public disclosure of all factories, inspection reports and corrective action plans (CAP); 4. A commitment by signatory brands to ensure sufficient funds are available for remediation and maintenance of sourcing relationships; 5. Democratically elected health and safety committees in all factories to identify and act on health and safety risks; and 6. Worker empowerment through an extensive training program, complaints mechanism and right to refuse unsafe work. In recent decades, American retailers have periodically been pressured to pay damages for unethical supply chain practices, such as the $20 million settlement on behalf of 30,000 garment workers in Saipain paid by Gap, Nordstrom, Walmart, Target and 20 other brands in 2003.212 However, the Accord marks a vital movement within our corporate garment industry. It signifies accountability and recognition of egregious human rights abuses, specifically in Bangladesh, and proactively works to improve factory standards through independent monitoring, training, and enforcement.213,214 It will be important for all who value ethical sourcing to urge corporations to renew their commitments once the current accord agreement expires in May 2018. Walmart, the world’s largest retailer215 and corporation by total sales,216 is well known as the focal target of many social and environmental campaigns for change. Due to the company’s sheer size, so-called cost-reducing techniques (race-to-the-bottom mentality), and a corporate culture overwhelmingly opposed to organized labor,217 Walmart has been repeatedly sued for illegal and unethical labor practices. Examples include violating local

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and international child labor laws,218, 219 deceiving workers, and cheating contracted immigrant workers out of overtime pay.220 Among the many movements over the decades, in 2005, two major labor unions launched a massive campaign against Walmart’s abusive treatment of workers and unethical environmental practices. The movements demanded Walmart implement a living wage, end discriminatory practices, adopt a zero-tolerance policy on child labor, and institute a monitoring program to stop child labor exploitation abroad. In these cases, the UnionsXXXVIII supported transparency websites entitled WakeUpWalMart.com and WalmartWatch.com, both of which served the public as a platform to share information, organize events and create solidarity.221 Around this same time, filmmaker Robert Greenwald released the documentary entitled, “Walmart: The High Cost of Low Price,” which portrayed the negative consequences Walmart’s business practices had on communities, families and individuals.222 The film coincided with “Higher Expectation Week,” where more than four hundred groups nationwide coordinated thousands of events from town hall meetings to movie screenings across the nation in opposition to Walmart’s labor practices.223 Eventually, Walmart responded. In reaction to the changing social and media landscape of the mid 2000’s, Walmart committed itself to new, sustainable environmental policies, made a pledge to purchase certified seafood, adopted an agreement to start selling private-label fair trade certified coffee, and embraced other similar strategies.224 Walmart continues to address the risk of human trafficking and forced labor in their supply chains through their Global Responsibility Report and collaborates with industry stakeholders on initiatives to reduce their risk. For example, Walmart participates in the Fair Food Program, organized by the Coalition of Immokalee Workers (CIW), which requires humane working conditions for agricultural workers in Immokalee, FL (See the Case Studies and Best Practices section of this report for more information about the CIW and the Fair Food Program). Furthermore, Walmart’s new CEO, Doug McMillion announced the company’s commitment to improving their local supply chain with an increase in pay and training to workers across the U.S. In addition to benefiting the workers directly, shopper reports have highlighted the dualbenefits of employee appreciation with higher levels of satisfaction with store cleanliness and customer service.225, 226 Although concerns of labor practices with mega retailers like Walmart and other brands persist, social media and consumer pressure have been successful in effecting significant changes within some of the largest and most challenging corporations to leverage.

XXXVIII

United Food and Commercial Workers and Service Workers International Union

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Receiving regular beatings and torture, witnessing execution-style killings, and working 20hour shifts -- these are the experiences survivors shared about their daily life at Charoen Pokphand (CP) Foods in a Guardian exposé on CP Food’s horrific disregard for human life. For years, migrant workers from Burma and Cambodia paid labor brokers to help them find work in factories or on building sites; instead they were sold to boat captains and were enslaved, experiencing inhumane and brutal working conditions. These forced laborers were an integral part of CP foods’ supply chain to produce feed for prawns sold to supermarkets in the U.S. and U.K., including Walmart and the Washington-based wholesaler, Costco.227 Shortly after the scandal, Costco responded with their plans and efforts to eradicate the labor abuses in their Thai shrimp supply chains, including joining a coalition that maps supply chains, helps implement transparency systems, and engages with government and industry leaders to create effective policies and legislation to protect seafood workers. 228,229,230

Costco is recognized by many for providing high-quality products to their consumers while maintaining a commitment to ethical sourcing and employee satisfaction, which has earned the company praise and reputation as a leader in corporate social responsibility.231,232 Some even argue their dedication to a positive social footprint locally and globally has led to a significant competitive advantage.233,234,235 More specific to their global and local vendor supply chain, Costco adopted a Vendor Code of Conduct in 1999 and continually audits their production facilities through internal and third-party agencies.236,237 Reviewing and reflecting on audit outcomes are core to their strategy and these practices largely influence purchasing decisions.238 Costco’s vendor Code of Conduct prohibits practices such as forced labor, physical abuse, confiscation or retention of workers’ documents, recruitment fees, and child labor.239 To ensure compliance, the company arranges audits of supplier facilities, focusing primarily on private label merchandise or vendors operating in high-risk countries or industries. Remedies and the timeline for vendors to correct violations are determined by the degree of harm. For example, responses to violations may include immediate action, termination of the relationship, ongoing and collaborative work to strengthen supply chain practices, and more.240

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Costco also works with the Equitable Food Initiative (EFI), a consortium of food buyers, growers, farmworker groups and consumer advocates, to ensure that Costco’s agricultural products meet high labor, environmental, and food safety standards. The initiative’s objective is to support a “dignified livelihood for farmworkers, a stable and professionally trained agricultural workforce for growers, and safer and more sustainable food for retailers and consumers.”241 As the second largest retailer in the U.S. (after Walmart), Costco possesses great power and leverage to encourage ethical business practices and change the global culture of supply chain management.242 The 2014 Thai seafood case revealed to the world that even with a corporate culture dedicated to social responsibility, human rights violations are still possible. This case marks the importance of a truly robust policy that focuses on due diligence and transparency. Costco’s approach of working with the supplier to correct violations rather than terminating business outright supports an important operational shift for businesses and demonstrates their commitment to working with their suppliers when possible to address the root causes of labor trafficking.

“I do not believe that any company in America can build a sustainable enduring enterprise by just embracing profitability.”– Howard Schultz, Starbucks CEO243 Starbucks is a highly successful company with 25,000+ stores and is regarded by many as an industry leader in global sustainability and ethical sourcing. 244, 245, XXXIX Their foundation as one of the first companies to commit to ethically source 100% of their coffee and treat people well has earned Starbucks a sound reputation. As of 2015, Starbucks had achieved 99% progress toward their goal. 246, 247 Starbucks’ initial commitment to Fair Trade certified products came after a 2000 campaign championed by Global Exchange, following an investigative report by San Francisco’s ABCTV that revealed child labor and poverty-level wages in Guatemalan coffee plantations, some of which sold to Starbucks.248 Global Exchange responded by writing an open letter to the company, organizing over thirty demonstrations at Starbucks stores across the country, and flooding CEO Howard Schultz’s fax machine with hundreds of letters urging

As of October 2, 2016, Starbucks had 25,085 stores in 75 countries. See: Starbucks. “Starbucks Company Profile.” Starbucks Coffee Company. Nov. 2016. XXXIX

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him to serve Fair Trade certified coffee at Starbucks stores. Five days after the demonstrations and onrush of consumer requests, Starbucks committed to stocking Fair Trade.249 In 2004, Starbucks developed and launched the Coffee and Farmer Equity (C.A.F.É.) Practices program, which includes over two hundred benchmarks ranging from economic accountability and social responsibility to environmental leadership.250 The company worked with a large group of stakeholders, including several opposing parties, to develop the comprehensive C.A.F.É. Practices program, which they openly share with the coffee industry and the public.251 Among other social responsibility stipulations, C.A.F.É. Practices maintains a zero-tolerance policy that prohibits the use of labor trafficking in their supply chain. 252,253, XL If it is determined that a supplier is not in compliance with the company’s ethical sourcing standard, Starbucks’ policy is to work with the supplier to develop and implement a corrective action plan under a mutually agreeable schedule. Failure thereafter to meet these goals are a breach of agreement and may result in cancellation of orders or cancellation of the contract. Cases of gross violations or illegal activities are cause for outright and immediate termination of the contractual and business relationship. 254,255 Furthermore, the supplier scorecard includes a set of complimentary provisions on document retention, minimum wage, and direct payments to workers (prohibiting payments through labor intermediaries), which are intended to protect its labor force.256,257 Starbucks works with SCS Global Services, an independent third-party to assist with evaluating supplier performance in their C.A.F.É. Practices, Cocoa Practices and the Manufactured Goods program.258 As with most large corporations and social responsibility programs, there are limitations to their effectiveness. For example, some labor activists and scholars have alluded that the C.A.F.É. Practices does not meet true consumer standards of ethical sourcing.259 Critics of Starbucks argue that instead of offering a greater supply of Fair Trade certified coffee they use their in-house C.A.F.É. Practices marque, which has weaker standards and dilutes their accountability.260,XLI

In addition to CAFÉ Practices, Starbucks’ ethical sourcing policy includes the Cocoa Practices program, which seeks to verify the supply chain for the cocoa beans used in their beverages and the Manufactured Goods marque, which is a commitment to social responsibility standards for the merchandise, furniture and other items found in stores. Zero-tolerance language in these respective policies includes involuntary, forced or trafficked labor (in the case of Cocoa Practices) and slave labor, bonded labor, indentured labor or involuntary convict labor (in the case of Manufactured Goods). XLI Counter to this accusation, it was explained to the authors that as of a few years ago, the quantity of coffee needed to supply Starbucks is so large that it is not sustainable to only purchase Fair Trade XL

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Regardless of the various opinions about Starbucks’ position on ethical sourcing, as a leader in the global coffee retail market, their corporate values, monetary and operational investment in clean supply chain policies highlights a much-needed shift in our culture.261,XLII In 2014, the California-based technology company, Hewlett-Packard Inc. (HP) initiated a ground-breaking supply chain policy that prohibited suppliers and their foreign labor recruitment agencies from charging fees to potential workers and now offers full disclosure of their suppliers, which is a huge step in the Information and Communication Technology (ICT) industry.262 HP Inc. was the first U.S. technology company to implement such a foreign labor recruiter policy and it has contributed significantly to their successful corporate social responsibility model. 263 This initiative followed shortly after Verité published a comprehensive report on forced labor entitled, “Forced Labor in the Production of Electronic Goods in Malaysia,” which found that in general, unethical recruitment agency practices and costly fees are key practices that led to conditions of forced labor in the ICT supply chains they investigated. 264 Even though HP’s Supplier Code of Conduct already explicitly forbade any “forced, bonded, indentured, involuntary prison labor, slavery or trafficking of persons,”265 HP worked with Verité to identify and address vulnerable areas in their supply chains, including recruitment. While other sectors such as apparel have wholly or in part addressed unethical hiring practices in their supply chains, HP was the first U.S. ICT company to develop a comprehensive plan accessible to the public.266 The new supplier code includes language that sets standards regarding employment contracts (e.g., contracts are between employer and employee rather than inclusive of a third-party, and terms and conditions are accessible in the worker’s native language, to name a few), work conditions, wages and working hours, freedom of association, payment of transportation costs and repatriation .267 HP’s code also bans the practices of recruitment fees and document retention commonly used to force labor and violate other human rights.268 To ensure workers’ rights are being upheld, the company requires an anonymous grievance reporting mechanism for HP and supplier employees, customers,

coffee, which focuses on smaller farms. Similarly, differences in quality assurance standards between CAFÉ Practices and Fair Trade prevent Starbucks from wholly switching to Fair Trade coffee. XLII As of March 2013, Starbucks had spent over $70 million in their comprehensive ethical sourcing program over the past forty years, which includes collaborative farmer programs, C.A.F.E. Practices, farmer support centers, farmer loans, a farming research and development center in Costa Rica, and more.

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and others to seek resolution. Furthermore, HP conducts regular internal and external audits.269 In regard to foreign labor recruitment, HP’s supply chain standard expressly states that: “Foreign migrant workers shall not be required to pay for their employment” and “suppliers shall maintain adequate controls to ensure that workers have not been charged recruitment or placement fees during their recruitment process.”270 The policy encourages suppliers to minimize the use of recruitment agencies altogether and instead, hire workers directly. In instances where suppliers must use recruitment agencies, the policy states that the suppliers shall maintain a direct contract with the agents and define the terms and conditions of hiring foreign migrant workers.271 In 2016, KnowTheChain benchmarked ICT companies on the “transparency of their efforts to eradicate forced labor from their global supply chains.”272 The companies were evaluated on seven themes: traceability and risk assessment, commitment and governance, recruitment, purchasing practices, worker voice, monitoring and remedy. HP Inc. scored a 72, the highest rating of all 20 major ICT companies covered in the study and Apple scored second place with a rating of 62 out of 100.273 HP’s initiative to disclose their full list of suppliers, ban the use of recruitment fees, and respond proactively to the Verité report with a third-party comprehensive risk assessment of their supply chain offers our community a model for corporate leadership and ethical sourcing strategy. Apple, the world’s largest information technology company by revenue and by assets,274 unsurprisingly, has a very complex global supply chain. In line with the general logic of affairs, Apple too has struggled to prevent labor rights abuses in their supply chain as demonstrated by the 2010 and previous worker rights’ issues with Apple’s supplier, Foxconn and their factories in China.275,276 Even after public commitments to end labor abuses and edits to their supplier code of conduct that prohibit excessive work hours and unsafe working conditions, labor rights abuses of varying degrees have persisted over the years.277,278 Following these investigations, Apple developed what they coined as their Supplier Responsibility Progress Report and incorporated regular audits of their supplier factories into their supply chain management strategy. According to Apple’s 2015 Progress Report, the company conducted 633 audits covering 1.6 million workers in 19 countries – 182 more audits than in their 2013 report.279 With an interest in preventing conditions known to increase instances of labor trafficking and vulnerabilities in their supply chain, in early 2015, Apple announced that they would

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prohibit associated entities from charging workers’ recruitments fees.280 The groundbreaking policy goes even further to hold suppliers that are recruiting foreign contract workers either directly or through third-party agencies responsible for all recruitment-related fees and expenses charged to the workers.281 Apple requires suppliers who are found in violation of the no-fees recruitment policy to reimburse workers in full, which has resulted in payouts to workers costing $4.7 million in 2015 and totaling $25.6 million since 2008.282 Despite Apple’s initiative, reports of worker rights abuses continue to surface periodically. Skeptics of Apple, such as the China Labor Watch (CLW), caution that according to their findings, some workers in Quanta factories—where the Apple Watch is produced—have reportedly been forced to pay for medical exams and intermediary fees to receive the job.283 Regardless of the mixed reception of their supply chain practices, Apple’s move to retroactively reimburse the workers for recruitment fees takes their clean supply chain policy to the next level, beyond the electronics industry standard.XLIII

“Three years ago, she never would have imagined life could be so good. The single mother says she was desperately poor, didn't know how she was going to feed her four children and had little hope for the future. But life changed dramatically when she got a job at the Alta Gracia garment factory…”. – Jackie Northam, NPR recounting the experience of Aracelis Upia Montero, employee at Alta Gracia. The Alta Gracia factory, founded in 2010, challenges the status quo of garment factories in the developing world and defies the race-to-the-bottom mentality. Alta Gracia provides all its workers with a living wage, almost three times the Dominican Republic’s mandated minimum wage (8,310 Pesos or approx. 175 USD per month as of June 2017284), and good In our interview with Shawn MacDonald, CEO of Verité, MacDonald praised Apple’s policy regarding repaying workers and explained how including a requirement that the suppliers pay back the workers for unjust recruitment fees incentivizes suppliers to pay close attention to which recruiters they use and to monitor their behavior. XLIII

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working conditions, and welcomes regular third-party worksite audits to ensure compliance with labor laws.285 ,286 Joe Bozich, CEO of Knights Apparel, the leading supplier of college-logo apparel to U.S. universities and owner of Alta Gracia, credits his approach to the terrifying experience of losing his vision with a diagnosis of multiple sclerosis. Bozich says that experience inspired him to “do more” than just worry about his business.287 Bozich explained that the experience made him think about all the families who do not have the resources for even basic healthcare. Thus, in 2005, Bozich worked with the WRC to develop the model factory and with industry executive Donnie Hodge decided to take over a factory in the Dominican Republic that had been recently abandoned, leaving 3,500 residents unemployed. Renovations totaling $500,000 were completed and the factory opened in 2010. 288,289 Alta Gracia made a meaningful decision to not ask retailers to pay more at wholesale and absorb a lower-than-usual profit margin.290 Above excessive profit, Alta Gracia values ethical sourcing and human lives. In a 2014 report published by Georgetown University, Alta Gracia merchandise was reported to perform well in the college bookstore market. It registered approximately $11 million of retail sales in 2013 and was projected to produce $16 million in 2014. The report asserts that Alta Gracia’s unconventional business model is proving to be viable and all signs point to a profitable 2015 and beyond.291 “Three years ago, nobody had heard of Alta Gracia, and there was no market for this type of product. Now, we're in over 800 bookstores around the [U.S.]," Bozich says. "We wouldn't have gone from zero to 807 bookstores if it weren't for the fact that it was working. Consumers are responding. They're buying it."292 A Nike spokesperson shared that his company will watch Alta Gracia’s journey “with interest.”293 In an NPR interview, Bozich communicated that he has been approached by big-name apparel companies wanting to learn more about Alta Gracia. 294 The University of Washington is one of the top three schools selling Alta Gracia products in the nation. The university marketing and merchandising team reports that customers aware of Alta Gracia’s mission are very supportive and willing to purchase the products.295 The implications of Alta Gracia’s success are enormous for the apparel industry. Alta Gracia made a bold decision to put workers before profits and offers a model for other companies to follow. As a young project for Knights Apparel, scholars and industry representatives are watching with interest.

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PatagoniaXLIV is widely regarded as a socially and environmentally responsible brand whose leadership has awarded them praise and attention from the Obama Administration when their sourcing practices were presented at the White House Forum on Combating Human Trafficking in Supply Chains.296 Patagonia offers the public accessible insight into their supply chains, is working actively to implement a living wage policy for all company workers, is working to improve the treatment of its second-tier-factory workers where the bulk of labor violations exist, and is reported to be “going far beyond” the industry standard. 297 Since 2007, the company has encouraged supply chain transparency and informed consumption through their Footprint Chronicles,® an interactive web resource that maps the company’s textile mills, factories and farms in its supply chain. The map includes the supplier’s physical address, the goods it produces, and workforce demographics and languages.298 Even with their progressive and socially responsible model, in 2012 a third-party audit of raw-material suppliers revealed vulnerabilities in their supply chain. Labor brokers were reported to have charged migrant workers up to $7,000 to work in the Taiwanese fabric mills included in Patagonia’s supply chain.299 Considering the company’s positive reputation, the audit’s findings were a surprise to many and like other corporate sourcing examples, highlight the difficulty of managing complex global supply chains even with the best of intentions.300 In response to the audits, Patagonia reformed and strengthened their Code of Conduct, revising it to include an even more transparent Footprint Chronicles® website, and through their partnership with Verité, has begun to execute a short, medium and long-term strategy to eradicate human trafficking with their Taiwan suppliers. 301 Patagonia is one of a limited number of companies that offers Fair Trade Certified apparel and since the audit, the company has reduced the number of first-tier suppliers from 108 to 75. As a company, Patagonia holds greater leverage when it uses fewer suppliers, as supply chain control is more manageable and orders are larger in each factory.302 Patagonia’s outward dedication to social responsibility and supply chain transparency, and efforts to minimize the volume of its supplying factories are model practices. These ethical sourcing policies serve as a catalyst to evolve our global and commercial culture to prioritize the workers creating value in business supply chains.

Patagonia is not a publicly traded company and therefore has arguably less pressure than publicly traded companies to weigh the shareholder and stock market response against company decisions. XLIV

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While there are countless companies that practice admirable and effective supply chain management, forced labor continues to flourish globally. Clear and enforceable public policy is needed to eradicate human trafficking.

FAR’s Prohibited Activities (1)

The U.S. government “bears a responsibility to ensure taxpayer dollars do not contribute to trafficking in persons.” 303 -- President Barak Obama, Exec. Order No. 13627, 3 C.F.R. (2012) The U.S. government is the single largest purchaser of goods and services in the world, totaling approximately $500 billion in contracts per year.304 The Federal Acquisitions Regulation (FAR) is used to direct all the U.S. government’s procurement processes and subpart 22.17 prescribes policy for implementing the antihuman trafficking guidelines.305 In 2006, under President George W. Bush’s “zero tolerance” approach to human trafficking,306 FAR subpart 22.17 was enacted to authorize purchasing agencies or departments to terminate a contract if any contract agent engages (directly or indirectly) in human trafficking. The language specifically prohibits:307

(2)

(3) (4)

(5)

(6)

Destroying, concealing, confiscating, or otherwise denying access to employee’s identity or immigration documents; Using misleading or fraudulent practices during the recruitment of employees; or using recruiters that do not comply with local labor laws of the country in which the recruiting takes place; Charging employees recruitment fees; Failing to provide return transportation or pay for the cost of return transportation upon the end of employment of a foreign worker (with some exceptions); Providing or arranging housing that fails to meet the host country housing and safety standards; If required by law or contract, failure to provide an employment contract, recruitment agreement, or other required work document in writing. (More detailed

(1) Engaging in human trafficking during the period requirements apply). of performance of the contract; See FAR 22.1703 for additional (2) Procuring commercial sex acts during the information. period of performance of the contract; and (3) Using forced labor in the performance of the contract. See sidebar for additional prohibited activities. Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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President Obama amended the provision further with Executive Order (EO) 13627, Strengthening Protections Against Trafficking in Persons in Federal Contracts, which he signed in 2012. The EO provides greater protection of labor trafficking victims and hold vendors to a higher standard of supply chain management.308 Effective March 2, 2015, contractors, contractor employees, subcontractors, subcontractor employees and their agents are prohibited from activities enabling human trafficking abuses. For example, the revised FAR requires vendors to certify that their supply chain is free of forced labor and to develop an anti-human trafficking compliance plan.XLV The new requirements are interpreted by many to mean the law applies to all contractors and subcontractors, regardless of tier, and irrespective of contract type or value. Noncompliance with the plan can result in termination of the contract, suspension or debarment, and other consequences.309 As of December 2016, guidelines for implementing the additional anti-human trafficking policies were being drafted and new tools and personnel needs were being filled to help contractors navigate the new set of regulations.310,311 With guidelines and unanswered questions looming, multiple interviewees shared their perspective on anticipated implementation challenges. One such challenge was an interpretation that the FAR now requires vendors to unequivocally certify that there is no human trafficking at any point in their supply chain, which is concerning for many companies. Even companies with high labor standards and effective auditing practices may have cause for concern simply because of the complexity of global supply chains. Some of the policy pundits interviewed further cautioned that the FAR’s language regarding terminating contracts and reporting to the Inspector General when violations are suspected or identified may unintentionally discourage companies from analyzing their supply chains closely due to the vendor’s concern of media backlash, loss of a contract, or legal liability.312 For these reasons and others, experts in the field conveyed the importance of governments leading by example. If legislation is developed or government policies are implemented, they should help reframe ethical sourcing as an operational tactic and focus on clean supply chain standards that foster sustained relationships between businesses, governments and vendors.313 To promote productive relationships and practices, implementation should be executed in tiers.314,315 The first step would be to identify and respond to immediate risks and then move through the supply chain to refine and implement anti-human trafficking practices.

Compliance plans are required for any portion of a contract that is “for supplies, other than commercially available off-the-shelf items, acquired outside of the United States, or services to be performed outside the United States; and has an estimated value that exceeds $500,000.” FAR 52.222-50(h). XLV

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The enhancements to the FAR and anticipated implementation challenges demonstrate how human rights abuses are greatly woven into the fabric of our everyday lives. Therefore, the power of government intervention through financial incentives and public leadership is necessary. As one of the largest national governments to embark on an initiative to create a cultural shift in global business, there are nuances that will need to be refined with the evolution of the policy and practice. As Robert Stumberg from Georgetown Law shared, the question is not whether supply chain mapping and due diligence are too complex, the question is, where do you start? Supply chain management is a cultural and operational shift. Even for companies with a robust social responsibility practice, supply chain management still requires incentives and support from the public, private and not-for-profit community. Zero tolerance and total elimination of human trafficking is the ideal outcome. To bring about this change, it is important to strengthen and reward companies that do well and want to do more. The FAR’s anti-human trafficking intent and policies represent an important step in supply chain management. The FAR is an example of how public agencies can use their power to encourage all their vendors to value workers’ lives and monitor the treatment of workers around the globe. *** The Coalition of Immokalee Workers (CIW), a worker-based human rights not-for-profit organization founded by the farmworker community in Immokalee, FL, introduced a revolutionary program that redesigned Immokalee’s agricultural industry’s approach to labor rights monitoring. The Fair Foods Program (FFP) brings together farmers, farmworkers, and retail food companies to “harness the power of consumer demand, give farmworkers a voice in the decisions that affect their lives, and to eliminate the longstanding abuses that have plagued agriculture for generations.” 316,XLVI The unique and highly successful component of the FFP’s monitoring system is its grass-roots approach to auditing. The Fair Food Standards Council (FFSC), the arm responsible for monitoring, completes off-site audits including interviews at workers’ homes and on morning bus rides to facilitate honest dialogue. The council also provides education to workers about their rights, which subsequently empowers workers to use the 24-hour complaint hotline included in the program, requires timely investigations for worker complaints, and offers compliance resources for buyers and growers.317 In addition to farm worker interviews, the FFSC audits member farms’ payrolls to ensure that the workers receive appropriate

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compensation and the buyer’s supply chain records to affirm that they are exclusively sourcing Florida produce from FFP participating growers in compliance with their contract with the Fair Food Program.318 Since the inception of the Fair Food Program in 2011, the FFSC has interviewed over 12,000 workers, resolved 1,100 worker complaints, and received nearly $20 million in fair food premiums, which are collected from tomato buyers. XLVII,319 The program is backed by binding agreements between the CIW and some of the largest tomato buyers in the world, including Subway, Walmart, Trader Joe’s, Chipotle, Burger King, Taco Bell, McDonald’s, and more.320 The CIW’s work has been praised by leaders such as Secretary of State John Kerry, President Bill Clinton, President Jimmy Carter, as well as the New York Times, the Washington Post, and the UN Working Group on Business and Human Rights.321 The success of the Coalition of Immokalee Worker’s programs stems from a structure that combines binding agreements, fair food premiums and market incentives with worker education, complaint mechanisms, and audits. This creates a comprehensive labor rights monitoring system powered by the people.322 This past 2015-2016 season, the FFP expanded for the first time into crops other than tomatoes and with the help of Walmart, Compass Group and Whole Foods, the FFP will now work with several major strawberry and bell pepper growers in Florida. Also in the summer of 2015, the FFP extended operations to growers in Georgia, North Carolina, South Carolina, Virginia, Maryland and New Jersey.323 The Fair Food Program and Fair Food Standards Council offer a successful and proven model of monitoring and supply chain management that has the potential for tremendous impact if replicated nationwide and across industries. ***

The Fair Food Program includes a wage increase supported by a “penny per pound” price premium that participating buyers pay for their tomatoes. The premium collected goes directly to farmworkers on participating farms. XLVII

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"She [the trafficker] told me she could kill me and no one would ask her for me. She told me dogs have more rights than I have in this country."– Florencia Molina 324 Florencia Molina worked 4am to 9pm sewing garments for well-known department stores.325 After painfully long days, she retired to a thin mattress on the floor that she shared with her peer, also a victim of human trafficking. Every day of her captivity, Molina was fed one meal per day, always rice and beans. Molina is a Mexican national and mother of three children, who like all caring parents, was searching for the means to provide for her family. In Mexico, Molina worked two jobs and studied sewing, but still could not make ends meet – particularly after her ex-husband kicked her and her children out of the house.326 What seemed like a prize opportunity at the time, Molina’s sewing instructor connected her with an American woman who promised her a good job as a seamstress with a decent salary and housing. 327 Shortly after she accepted the opportunity, travel arrangements were made and Molina made her way to the U.S., planning on staying no more than six months — just long enough to earn enough money to return to her children in Mexico and open a sewing shop. Upon arrival in Southern California, she knew she was in trouble. Molina’s boss confiscated her identification and immediately instilled fear of law enforcement in her and her peers. The factory entrances were locked during the day and watchmen guarded the doors at night, prohibiting anyone from escaping.328 Molina’s wages were withheld under the guise of repaying the debt she had incurred during the trip from Mexico to California, which further bonded Molina to her employer. Molina’s boss threatened to harm her if she tried to contact the authorities and forbade her to communicate with her family back home.329 In an interview with Ms. Magazine, Molina recounted her trafficker’s words, "she told me she could kill me and no one would ask her for me. She told me dogs have more rights than I have in this country." Day after day Molina and her peers were abused and threats to the lives of their loved ones back home were used as psychological warfare.330 One sweet Sunday morning, forty days into the abuse, Molina was permitted to attend a church service and without looking back, she escaped. Molina reported the traffickers to the FBI, who connected her with the Coalition to Abolish Slavery & Trafficking (CAST) for services.331 Molina’s trafficker got off easy with a labor abuse type charge and a light sentence of six months’ house arrest.332 Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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Since her escape, Molina has become a well-known community activist and outspoken advocate for survivors of human trafficking. Molina received a T-Visa, a special status created as a part of the 2000 Trafficking Victims Protection Act (TVPA) to allow trafficking victims to remain in the U.S. Later Molina applied for permanent residency. Molina’s children have since joined her in California.333 She is a leader in the CAST survivor network, was a champion of California’s Transparency in Supply Chains Act, was recently recognized by President Obama, and was appointed to the United States Advisory Council on Human Trafficking.334 Using Molina and countless other cases of forced labor as motivation, the California Transparency in Supply Chains Act (the Act) exemplifies a groundbreaking shift in State leadership and California’s relationship to corporate sourcing practices. Passage of the law illustrated to all states that California recognized the normalcy of human rights abuses in manufacturing retail items, identified its relationship to forced labor as a heavily traded state, listened to its constituents, and responded with legislation to help consumers make informed choices and solidify the State's opposition to enabling trafficked labor.335 The Act offers a template of requirements for manufacturers and retailers with gross sales over $100 million. The requirements are to disclose their verification, audits, certification, internal accountability, and training efforts related to human trafficking in their product supply chains.336 For this reason, supporters of the Act praise the law’s far-reaching impact and impetus for a nationwide conversation.337 As the first state in the nation to pass such a measure, California’s law offers other states a wealth of lessons and perspectives. One significant limitation of the Act is that it requires companies to disclose their efforts but does not require companies to actually investigate their supply chain and make corrections as necessary. Rather, a company can disclose that it is not taking any action to prevent human trafficking and still be in compliance with the law. Advocates for greater impact encourage strengthening the Act and similar legislation to require companies to go a step beyond disclosure and diligently evaluate their supply chain as well as resolve areas of risk and abuse where present.338 As of September 30, 2015, KnowtheChain identified 500 of the 1,700 companies they believed were required to comply. Unfortunately, only 155 (31%) were reported to have had a disclosure statement in compliance with the Act’s requirements.339,XLVIII Enforcement mechanisms are another significant limitation of the law. As the Act is written, the Attorney General (AG) has exclusive authority to enforce the law through injunctive relief, which essentially is an order to take action. 340,341 Advocates instrumental in creating the laws explained how their ideal situation was to include a private right of action, which SB 657 does not require that the names of the companies that are subject to the law be made public, making it is difficult for third-parties to track compliance. XLVIII

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offers citizens the authority to bring a lawsuit and in theory, offers some relief to the AG’s office as the sole enforcer, but ultimately, this was negotiated out of the final language. 342 In addition to the lack of depth in requirements and enforcement, additional perspectives on how the Act can be enhanced include the following steps: Require the AG’s office, Tax Franchise Board, or appropriate office to release a list of companies required to comply with the Act to further encourage transparency and accountability;343 Include services in the definition of supply chains to encompass the treatment of workers such as janitorial staff, hospitality and restaurant workers, and others as a link in the supply chain of facilities; Include clear implementation dates and definitions, and if using similar language, define what “visible on the website” means; 344 Include a fine for companies not in compliance that can generate revenue for the State for monitoring and enforcement; 345 Include a bi-annual renewal of disclosures or certification that the company's existing disclosures are current, functioning, and accurate; 346 Create a task force of key stakeholders to support implementation, evaluation, and evolution of policy to facilitate compliance; 347 and Require transparent enforcement, including access to complaints filed, actions sought, and penalties imposed.348 California’s Supply Chain Transparency Act is an important first step towards a higher standard of corporate transparency and draws attention to supply chain practices, which has led to drafting Federal legislation. Furthermore, the Act could hold companies responsible for false statements in their disclosures, although there has not been a successful case to date. In 2014, California passed what was coined a “client employer” law (AB 1897) that imposes civil liability and legal responsibility on certain businesses for violations of wage-and-hour laws regardless of layers of contractors and subcontractors.349 Qualifying businesses include: “a business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor”. XLIX, 350 According to California Labor Commissioner Julie Su, the law has the potential to be very powerful. Furthermore, the client employer statute surpasses the implementation Exceptions include: 1) A business entity with less than 25 workers, including those hired directly or provided by a labor contractor, 2) a business entity with five or fewer workers supplied by a labor contractor or labor contractors at any given time, or 3) the state or any political subdivision of the state, including any city, county, city and county, or special district. XLIX

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challenges of the previous joint employer laws, as it eliminates some of the ambiguous language and arduous requirements of proof that limit the other laws.351,L While it is a powerful law in its own right, we have identified two significant opportunities for strengthening California’s client employer law. First, the contracted labor must occur within the usual course of business of the employer, which may not capture all populations vulnerable to exploitation. For example, if a potato farm owner hired a contractor to fix the office air conditioner, that transaction is arguably not within the farm’s usual course of business. If a farm owner used contracted farm laborers during harvest season to pick potatoes, that transaction would presumably be within the usual course of business and thus, those workers would presumably be protected under the law. Secondly, the contracted labor must occur on the business’ premises, which seemingly limits the scope, as it is common for goods to be manufactured in a third-party facility, such as a factory, and not the brand’s headquarters or storefront. Expanding the law to capture the true scope of supply chain workers would make this already influential law a more effective tool for litigation focused on labor abuse. As a new law, Commissioner Su explained that its enforcement is still underway, but expressed excitement and hope that the law will offer meaningful advancement to workers’ rights. California’s client employer statute holds great promise and provides a template for other states to strengthen the connection between corporations and the workforce. If enforced and implemented in Washington State, the client employer law would support a cultural change to enhance the employers’ responsibility to honor the human rights of all who help businesses be successful. ***

When a business is classified as a joint employer, they are liable for their workforce and compliance with pertinent labor laws. Along with a host of conditions, the U.S. Department of Labor highlights two common joint employment scenarios: (1) Horizontal Employment: “the employee has two or more technically separate but related or associated employers” and (2) Vertical Employment: “where one employer provides labor to another employer and the workers are economically dependent on both employers,” which is commonly used in industries such as agriculture, construction, warehouse, logistics, and others. Proof of joint employment is determined through a series of broadly defined criteria that contribute to the degree of association between potential joint employers and employees. L

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In 2008, a University of Washington (UW) faculty member led graduate students from the Evans School of Public Policy and Governance (formerly, School of Public Affairs) to a factory visit in Guatemala City. While traveling, they discovered that roughly 1,000 workers producing apparel for Champion/Hanesbrands, Phillips Van Heusen, and other brands for U.S. universities had a significant portion of their promised severance pay withheld when the Estofel factory closed. As a member of the Worker Rights Consortium (WRC), the UW played a significant role in resolving the case. Disturbed, the UW promptly audited its vendor agreements to discover that its licensee, Gear for Sports Inc. (GFSI), used the Esofel factory in 2007 to produce 13,000 units of blank sweatshirts that were later branded and embellished with the UW logo in the United States. In light of this information, the UW administration championed the effort to rectify the labor rights violations. The UW helped convene an ad hoc group consisting of the WRC, the Fair Labor Association, Gear for Sports, Hanesbrands, and the Collegiate Licensing Company. The WRC conducted an in-depth investigation of Estofel and hired a fellow labor rights monitoring organization to determine the value of wages lost. As a member and with the weight of the WRC, the UW held steadfast to their commitment to uphold workers’ rights and honored this resolution until payments to the workers in question were issued. In the end, 95% of the workers affected were located and a total of $534,288 was distributed in back pay.352 Founded in 2000, the Worker Rights Consortium (WRC) is an independent labor rights monitoring organization that conducts investigations of working conditions in factories around the globe. The organization is a product of a student and consumer led movement, United Students Against Sweatshops, in consultation with workers and human rights groups that demanded improved working conditions for workers producing collegiate apparel.353 To date, 186 universities and colleges have signed on and agreed to a code of conduct developed by the WRC. The code involves schools requiring their licensees (for example, Nike, Reebok, Under Armour, and Gear for Sports) to adhere to the following conditions: they ensure the human rights of all workers in their supply chains are protected, they verify workers are receiving a living wage and are offered the right to organize when the source country permits, they comply with public disclosure requirements, and they permit independent third-party monitoring.354 The collaborative licensing model that the WRC facilitates is one of praise. Serving as an independent, third-party support system, the WRC binds affiliate schools together and provides the institution members with the information and tools to collectively support

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improved factory working conditions. The successful resolution in the Estofel factory case is one example of how transparency, information sharing and collective action can institute positive change and favorable outcomes for workers. Funded through an affiliation fee, WRC is able to conduct audits, publish unbiased reports, and organize a collective response when the integrity of its collegiate partners’ supply chains is compromised.

“Findings of human rights and labor rights violations in the supply chain should influence companies’ overall business activities, not just corporate social responsibility programs.” – Swedish County Councils As the University of Washington’s involvement in the Worker Rights Consortium illustrates, collaborative contracts yield great power and leverage. The Swedish County Councils’ relationship with Dell offers a similar case for a smart, best practice. The Swedish County Councils are collectively responsible for the procurement of products and services valued at more than €13 billion, many of which are commodities made wholly or in part by factories abroad and in industries known to be vulnerable to human rights abuses, such as forced labor and sweatshops in the Information and Communications Technology (ICT) sector. 355 Acknowledging the country’s ethical responsibility to its citizens and to our global community, the Councils established the Social Responsibility in Public Procurement Network, which represents the Country’s 21 county councils.356 All 21 county councils use the same code for labor standards and contract performance conditions. The network evaluates supply chains, engages with suppliers and takes action collectively, all of which offer more negotiation power to each county and have resulted in more transparent supply chains.357 To facilitate nationwide coordination and social auditing work by Electronic Watch, each council contributes €.04 per capita.

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In 2013, the Danish nonprofit organization, DanWatch, released a report highlighting labor rights and safety violations in four electronic factories in China that supply various electronic brands, including Dell, ASUS, HP, Samsung, Microsoft, and IBM.358 At the time, the Stockholm County Council (and others) held a contract with a reseller, Atea, for computers worth €17 million, many of which are supplied through Dell. Promptly after this report was released, the county council network contacted Dell to confirm their supply and start the arduous process towards reconciliation.359 The DanWatch report uncovered that laborers were required to work excessive hours, up to 74 hours per week, were subject to forced overtime and wages below the local legal minimum wage, and had worked under inadequate occupational health and safety conditions.360 Over the course of approximately two years, the Social Responsibility in Public Procurement Network worked with Atea and Dell to resolve most of the labor rights violations in their factory suppliers. The resolution included strengthening Atea’s and Dell’s due diligence to ensure their supply chains were acceptable, improving risk identification, increasing supply chain transparency and supporting a more robust monitoring practice. Through this process, important lessons were learned that can be used to support other public agencies with an appetite to curb human rights violations in their vendor’s supply chains (See Sweden County Councils Lessons Box for more information).361

Lessons Learned by the Swedish County Councils Lesson 1: Legally binding contract performance clauses that require human rights due diligence are necessary to hold contractors accountable. Lesson 2: Long-term contractor engagement may be necessary to improve human rights due diligence. Lesson 3: Public buyers should strive to increase leverage through collaboration to address difficult-tosolve violations. Lesson 4: Suppliers should also strive to increase leverage to exercise human rights due diligence effectively. Lesson 5: Public buyers should build the internal capacity to hold contractors accountable for their failure to perform human rights due diligence. Lesson 6: Resellers and distributors are capable of exercising effective due diligence. Lesson 7: Transparency is a necessary step to improving human rights due diligence. Lesson 8: Pubic transparency is important to the integrity of socially responsible public procurement systems. Lesson 9: Public buyers need the capacity to verify factories’ compliance with human rights and labor rights standards independently of the industry and through engagement with workers. Lesson 10: Findings of human rights and labor rights violations in the supply chain should influence companies’ overall business activities, not just corporate social responsibility programs.

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In early 2016, the City of Madison, WI opened a Request for Proposals (RFP) for a uniform rental contract valued at $750,000 annually and included a set of sweatfree compliance requirements. On the first pass, the City received zero proposals. The City released the RFP a second time, and did not receive any proposals. Surprised, the City reached out to their contacts at different companies. In sincere conversations, the companies expressed that while they support the spirit of the sweatfree requirements, they were reluctant to commit the resources required to track their supply chain without an intent to contract agreement. Further conversation revealed that one of the companies in particular did not want their factory disclosures as public record, but that was not an accommodation that Madison was in a position to negotiate. Madison re-opened the RFP a third time, amending the language and outlining that additional information about vendor supply chains was required if the vendor is selected. In this round, they did receive a promising proposal. After six months of negotiations, the vendor was not able to sign a contract based on the City’s affirmative action policy. The City of Madison is still working to find a vendor to sign a contract for Uniform Rentals.362 Madison’s sweatfree ordinance, effective since 2005, offers the public a model of dedication and a wealth of lessons learned from their experience with their uniform rental contract. Among a variety of standards, Madison’s ordinance encourages contractors to pay employees a “dignified fair wage for workers and their families,” limit workers’ hours to no more than a 48-hour work week, pay hourly workers overtime at a premium rate, and prohibit child labor and forced labor, along with a number of other provisions.363 The terms of their sweatfree purchasing ordinance apply to all apparel contracts over $5,000 and require that bidders effectively conduct a risk assessment of their supply chain from the points where textiles are manipulated to the distribution point.364 Contracts are awarded on five-year terms and the apparel includes police, fire and metro driver uniforms, including ballistic vests (fire safety and fire-retardant apparel is currently under review by the Committee). Interested bidders are required to work with their suppliers to disclose the factories used and share information about the employment conditions of workers along the production value chain. Bidder disclosures include workers’ pay rates, benefits, standard work hours, overtime eligibility, and more.365 All this information is collected before the contract is signed and sent to the Sweatfree Purchasing ConsortiumLI

The Sweatfree Purchasing Consortium (SPC) is a membership organization for public entities that seek to purchase apparel and related products made under ethical working conditions. The SPC’s mission is to end public purchasing from sweatshops and to aid its members in making informed sweatfree purchases at reasonable prices. LI

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as a way for the Sweatfree Purchasing Committee to verify that no known bad-actor factories are being used. Madison uses a tiered approach to compliance where during the course of the contract the city works with the vendor to increase their compliance threshold each year (established at the initial bidding qualification phase).366 Furthermore, each contract with a total value of $25,000 or more is required to include a compliance plan, which states what the vendor would do if they were found in breach of the ordinance.367 Because sweatfree purchasing is still a relatively young practice, at present, vendor compliance is monitored through a complaint mechanism and the aforementioned pre-award bidder disclosure screening.368 Built into the ordinance is a finance system in which a percentage of the contract value is allocated to a monitoring and enforcement fund.369, LII According to Kathy Schwenn, a member of the City’s purchasing team, the rebate system has not seemed to have had an impact on sale price.370 As the Swedish County Councils discovered, collaboration and a long-term, sustained relationship with vendors are crucial to the success and ease of supply chain mitigation. Once vulnerabilities are identified in a supply chain, as with the Dell case, it takes time and resources from all parties to resolve the issue. Because global supply chains are complex and interwoven, a sustainable resolution will most likely require an operational change and a commitment of all relevant parties. Replicating Sweden’s collaborative procurement approach nationally and across industries would undoubtedly be a great challenge with great benefits, which is why the City of Madison has initiated a small-scale pilot collaborative program. Over the past year, Madison has negotiated with Galls Inc. in consultation with the Sweatfree Purchasing Consortium to develop a contract for apparel typically purchased by Fire, Metro Transit, Police and other municipal operations agencies. Public agencies are welcome to join this pre-vetted contract, which will help stimulate a collective movement and support ethical procurement. With the purpose of creating a collective fund to support monitoring and evaluation of Galls and their subcontractors, the contract includes the City’s rebate funding model.

2.8.1. The awarded vendor for apparel, footwear or textiles by the City of Madison as a result of this solicitation shall be subject to a rebate fee structure as follows: • 1% rebate as the proposed incentive provided by the Contractor when the total volume of purchases reaches $100,000. • 1-1/2% rebate as the proposed incentive provided by the Contractor when the total volume of purchases reaches $200,000. • 2% rebate as the proposed incentive provided by the Contractor when the total volume of purchases reaches $300,000. LII

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Madison’s experience with the uniform rental contract highlights a pragmatic solution to the logistical and operational challenges of a robust commitment to eradicate human trafficking from public supply chains. The City worked with vendors to assess the best option to meet both their needs, ultimately agreeing to vet vendor compliance plans in the final stages of contract negotiations. Furthermore, the budget neutral rebate incentive, the commission committed to advancing the City’s social footprint, their progressive approach to compliance, and their cooperative “piggyback” contract with Galls Inc. offers governments an innovative model for public procurement.

Through action and financial commitment, Los Angeles and San FranciscoLIII offer the sweatfree procurement movement policies on supply chain monitoring. Their policies include living wage provisions as well as monitoring and enforcement mechanisms that are necessary for a robust clean supply chain policy. The City of Los Angeles adopted the first iteration of their Sweatfree Procurement Ordinance in 2004, which requires vendors to comply with a code of conduct that includes a living wage and compliance with internationally recognized human and labor rights, and prohibits child labor, labor trafficking, and other forms of forced and exploitative labor. 371 Rather than using a certification tool that procurement officers feel draws concern for pragmatic implementation, the policy requires that contractors “take good faith measures” to ensure subcontractors also comply with the City’s Code.372 About a year later, the City of San Francisco instituted a similar policy, with arguably firmer statutes that included certification-style language and the creation of a Sweatfree Advisory Group. The group is comprised of city representatives as well as citizen stakeholders who are jointly responsible for working through implementation challenges and overseeing enforcement.373 Both Los Angeles’ and San Francisco’s Sweatfree Ordinances stand out among others for their strong enforcement arms, which are made possible through a $50,000 contract374 with the Worker Rights Consortium. The WRC offers suppliers and subcontractors (foreign and US-based) on-going monitoring, enforcement support, and general consulting services.375 At present, it is our understanding that the City of San Francisco has paused their contract with the WRC, as they are undergoing an in-depth evaluation and potential overhaul to strengthen their sweatfree purchasing policy. Items currently being deliberated include incentivizing vendors that employ clean supply chains with longer

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contracts (which also supports a stronger working relationship) and initiating contracts with Source America and the National Industry for the Blind – two US non-profits designated by the U.S. AbilityOne Commission– to manufacture the City’s apparel. Similar to Madison’s experience, the City of San Francisco initially struggled with holding a policy so strict that it dissuaded potential vendors from bidding.376 Recognizing this implementation challenge, the City moved toward a scoring process where bids were evaluated from the vendors most able or willing to comply with the ordinance. This amendment to the policy has offered a solution for the time being and has stimulated an important conversation regarding the balance between a policy that is intentionally strong versus one that is cautiously pragmatic, which limits the potential for impact.377 The power behind language that is intentionally strong, such as certifying the absence of labor abuses in all aspects of a supply chain, is that it forces vendors to be serious about using only ethical suppliers and building human rights values into their business practice. If universally applied, this approach has the potential for a profound impact on how vendors with public contracts manage their global supply chains. Alternatively, as some cities have shared with us, a zero tolerance policy without an adequate infrastructure conducive to supporting change, monitoring compliance, and effective enforcement is problematic. Therefore, it is important for public procurers and corporate buyers alike to invest in a reputable independent, 3rd party contractor with the expertise and capacity to promote a clean supply chain initiative. Recognizing the challenges of an unforgiving certification, public agencies can take an alternative approach by crafting a policy that continues to hold vendors and their subcontractors accountable through a mutually agreed upon and legally binding contract. This contract should support a sustained relationship to provide time for vendor due diligence and positive change. For example, policy language should require an in-depth review of the vendor’s supply chain followed by a requirement to produce and execute an enforcement plan that is reasonable and action-oriented. Costco, the City of Madison, the Swedish County Councils, the Coalition of Immokalee Workers, Worker Rights Consortium and others all offer public agencies a best practices template for working with their vendors to produce positive results over time.

Washington is currently operating on a $93.7 billion biennial budget, presumably some of which is invested in goods produced or services performed under conditions of labor trafficking.378 In Fiscal Year (FY) 2015, the State spent an estimated $4.3 billion on goods and services, which covers items such as supplies and food at colleges and universities, and

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small equipment.379 Furthermore, $2.2 billion was spent on capital expenditures, which paid for highway construction ($1 billion), buildings ($316 million), architectural & engineering services ($263 million), and more380. All State-sponsored purchasing (except for Higher Ed, RCW 28B.10.029) is centralized with the Washington State’s Department of Enterprise Services (DES). A massive overhaul of state procurement in 2014 (RCW 39.26) consolidated the existing practices and made the whole procurement process “more transparent, competitive and efficient.”381 The reform charged the DES director with the responsibility to establish policies that delegate procurement authority to state agencies, as well as specify dollar thresholds and types of goods and services. Currently, agencies are responsible for their own specific procedures, but all are rooted in DES’s prescribed policies. There are several options for businesses to contract with the State, such as through convenience contracts or cooperative purchasing agreements, but the DES’s most highly recommended option is to apply for a master contract.382 A master contractLIV is a contract for specific goods and services, solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies. These contracts are designed to make it easier for various public agencies to focus on their mission by offering accessible contracts that have already been negotiated to meet state requirements.383 Through master contracts, the State has the power to leverage change within its vendors’ supply chains. DES maintains master contracts with several leading technology companies, such as Dell, HP Inc., IBM, and Microsoft. Between 2014 and 2016, one of Washington’s largest electronics vendors, Dell, held a master contract with the State valued at approximately $181 million.384 In this period, as many as 102 cities used the Dell master contract along with 494 other public entities.385 Similarly, between 2014 and 2016, HP Inc.’s master contract was valued at approximately $128 million and 84 cities in Washington used the contract, including the City of Seattle and numerous towns and counties.386 At present, Washington State does not have a law mandating that State agencies procure from sweatfree or otherwise ethically sourced vendors. However, DES did begin the process of preparing a sweatfree purchasing policy informed by the Sweatfree Purchasing Consortium when DES was overhauled. Currently, DES requests that departments purchase sweatfree when possible, but it has yet to formally ratify and implement the policy.387 Recognizing the great importance for local governments to support ethical companies and disable the use of unethical labor practices in their supply chain, both the Cities of Olympia LIV

RCW 39.26.010

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and Seattle manage sweatfree guidelines. These Cities offer the State lessons on pragmatic implementation and enforcement.

The City of Seattle Purchasing and Contracting Services department oversees a revenue neutral policy championed by Councilmen Nick Licata and Tom Rasmussen and now Councilwoman Lisa Herbold in 2010.388 The policy requires uniform textile vendors – with contracts valued at $49,000 or more, per Seattle Municipal Code 20.60.106 – and their subsequent subcontractors and manufacturing plants to comply with a code of conduct.389, 390 This code includes provisions such as labor standards, freedom of association, and prohibition of forced and child labor. Furthermore, the code includes an agreement that the vendor will hire and pay for a Fair Labor Association-accredited third-party monitoring agency to evaluate and support improvements to their supply chain if a complaint has been filed.391 To date, it is our understanding that no complaints have been submitted and therefore, no monitoring has been required by the policy guidelines. While the policy was originally intended to apply to all apparel, because of the way purchasing is structured, first-year law enforcement officer uniforms are the only eligible apparel product included in the statute.392 For most other apparel such as construction and law enforcement uniforms, the City either rents or provides an allowance for individual workers to purchase their own clothing. Bidding for uniform contracts opens every five years with an opportunity for a five-year renewal. The City has experienced one round of sweatfree bidding and shared that the quantity and value of bids received were not noticeably impacted by the added requirement for vendors to uphold clean supply chains.393 The City of Seattle shows great leadership by adopting a sweatfree purchasing policy, a promising step for Washington’s largest city. The realization of the policy’s practical scope highlights the importance of expanding ethical sourcing. Requirements should be monitored and applied beyond garments purchased in rental contracts (where labor is likely local) and to various industries, such as technology, where forced labor is rampant and contract amounts are significant. The adoption of a sweatfree purchasing policy that applies beyond apparel will offer greater leverage and impact. The City of Olympia initiated their first version of a sweatfree purchasing policy in 2004 as a two-year pilot program that included ball caps, t-shirts, and sweatshirts.394 Under this policy, vendors were required to self-report and certify under penalty of perjury that they were not purchasing or contracting with an organization using sweatshop labor. At its onset, this policy was problematic for City contract bidders. Although they applauded the Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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spirit of the policy, they also recognized the possibility that somewhere along the supply chain a person may be exploited,LV hence some were uncomfortable certifying under absolute terms. Ideas such as offering preferential treatment to those who could certify were discussed, but as a code city, Olympia was not able to devise such a strategy.395,LVI Following the pilot program, the City voted to uphold the policy as a resolution to purchase sweatfree whenever possible. This vote signified their interest in preserving the human rights of all those impacted by City purchasing. The City of Olympia offers our community some perspective on operational hurdles they experienced in pragmatic implementation and impact, including: Decentralized purchasing: Although the threshold for a purchase order to require a competitive bid is $50,000, contracts are managed on a departmental level. Therefore, the City’s collective leverage is limited to individual department contracts. For example, a vendor could have three separate contracts with City of Olympia departments, all worth $45,000 and totaling $135,000, but not be required to use suppliers practicing ethical sourcing because the individual contracts are under $50,000. Limited contract length: Variable contract lengths limit the City’s power to affect change, as remediating an issue may take longer than the life of the contract. Hesitation from bidders: Unforgiving policy language presumably made some potential bidders wary about certifying the actions of operators deep within their supply chain. Capacity for enforcement: Personnel and financial resources limit the City’s ability for meaningful monitoring and enforcement. Given the realities of the City’s size and infrastructure, which we suspect is true for many agencies in Washington State, state guidelines with master contracts vetted for forced labor and ethical treatment of workers would be very useful. Such leadership from the State would help mitigate the capacity limitations of cities like Olympia by reducing the workload on municipal governments and offer greater leverage for change rather than purchasing in silos. Furthermore, master contracts vetted by the State will help alleviate the issue of limited enforcement due to contract length because encouraging vendor supply chain management practices could be influenced in a collaborative way.

Similar to City of Madison vendor RFP experience RCW 35A.01.035, “Code city” means any city without a charter. Code cities possess a great degree of control under their local self-government, but must not violate any provisions in state constitution or law. LV

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In our interviews, we found that hesitation from vendors, buyers, brands and other businesses to assume ownership of their entire supply chain appeared as a reoccurring challenge. We recognize that the solution to this problem is multifaceted. One of the reasons that the human trafficking industry continues to flourish is due to the race to the bottom mentality that exists in the corporate world. To eradicate human trafficked labor, both the corporate and civic communities must commit to changing the mentality and culture manifested from the underside of globalization. Sweatfree and anti-forced labor policies should be created in a way that sets companies up for success; they need to continuously evolve the culture to promote transparency and corrective actions in the supply chain. It is not surprising that a company may not want to sign a legally binding document guaranteeing there is no human trafficking in their supply chain, because the current environment of commerce does not encourage such behavior. Thus, requiring a critical mass of companies to openly map their supply chain and develop solutions to these challenges will affect change. Such strategies must include risk assessment, investment in worker protections, timely resolution of vulnerabilities, due diligence, and accountability. We believe that through government contracts and policies, Washington State can help eradicate human trafficking.

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Monitoring and evaluation is a necessary but cumbersome exercise that requires the expertise and resources of both private and public entities. Repeatedly, we heard from public procurement professionals and advocates that gathering support to eliminate forced and child labor in State supply chains was relatively easy. The challenging piece of ethical purchasing was enforcement, as monitoring international supply chains exceeds the capacity of many agencies. Over the years, the market has grown for supply chain diagnostics. Now, there are various organizations dedicated to conducting factory audits. These organizations consult with both private companies and public agencies to ensure their suppliers are operating in accord with human and labor rights standards. Below are three examples of organizations working with public agencies that we recommend the State of Washington explore as a non-biased contractor to evaluate and monitor vendor practices. FOR APPAREL MONITORING, WE RECOMMEND CONTRACTING WITH WORKER RIGHTS CONSORTIUM (WRC) FOR MONITORING STATE VENDOR SUPPLY CHAINS The Worker Rights Consortium is an independent labor rights monitoring organization dedicated to protecting the rights of workers who are making apparel and similar products in sweatshops across the globe for colleges, universities, and cities. As a means to assist the student movement against sweatshops and forced labor and enforce universities’ labor rights code of conduct, university administrators, students and labor rights advocates founded the WRC. Until recently, the WRC had worked exclusively with colleges and universities. However, as a pilot project, the WRC has opened its services to cities, state governments, and school districts. In 2006, the WRC included the cities of Los Angeles and San Francisco in their cohort of affiliate organizations. The WRC conducts factory audits and in-depth investigations on working conditions, issues public reports, and works with public entities to ensure their vendors comply with their prescribed code of conduct. Furthermore, the WRC includes a living wage provision that applies to all licensees with WRC member institutions.396 For global workers, the WRC calculates a living wage using figures from the World Bank to define the wages necessary to meet the poverty line in the respective country and adds 20%.397,398 This supplement is essential, as government-mandated minimum wage rates often do not reflect the true cost of living and substandard wages push individuals into vulnerable positions.399 The WRC is funded primarily through college and university affiliation fees and grants from the federal government and philanthropic foundations. The WRC does not accept Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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contributions from for-profit corporations nor from labor unions, to prevent any concerns about influence in their investigations. More information about the Worker Rights Consortium can be found on their website: http://www.workersrights.org/ FOR ELECTRONIC PRODUCTION MONITORING, WE RECOMMEND CONTRACTING WITH ELECTRONICS WATCH Electronics Watch is an independent monitoring organization that supports public buyers’ efforts to protect the workers in their global electronics supply chain in a financially efficient manner. Similar to the WRC model, public sector affiliate members pool their resources through Electronics Watch affiliate fees to receive information about working conditions in their supplier’s factories and to garner the support to influence change. Electronics Watch includes language and conditions for affiliates to insert in their Information and Communications Technology (ICT) hardware contracts that require contractors to exercise due diligence to ensure labor rights and safety standards are met in factories that assemble or make electronic parts. Affiliate members receive access to an extensive international network of monitoring organizations, the capacity to investigate and reduce risks in electronic supply chains, support for front-line procurement staff to engage contractors on social responsibility in supply chains, and more. Electronics Watch affirms their monitors are experts in international, regional and national labor laws; occupational health and safety; audits of financial and personnel records; operating independent hotlines or complaint mechanisms; and worker interviewing. Leading the organization is Björn Claeson,LVII who is also the co-founder of the US national advocacy network, Sweatfree Purchasing Consortium, which has been instrumental in dozens of state and local campaign successes aimed at protecting workers' rights in global supply chains. Björn has more than 15 years of experience addressing public procurement and labor rights in global supply chains and was highly regarded by those we spoke with regarding apparel and electronics supply chain procurement. Electronics Watch began with European Public entities and has broadened its affiliate membership to include the Ethical Culture Fieldston School in New York. The organization welcomes U.S. public agencies.

Björn Claeson is currently director of Electronics Watch, an independent monitoring organization based in Sweden that assists public sector buyers with purchasing in electronics supply chains to meet their social responsibility goals and protect the labor rights of their workers. LVII

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For more information, please visit Electronics Watch website: http://electronicswatch.org/en FOR FOOD PROCUREMENT MONITORING, WE RECOMMEND EXPLORING THE SERVICES OF THE GOOD FOOD PURCHASING PROGRAM AND BUILDING COALITIONS ON THE GROUND The Good Food Purchasing Program (GFPP) aims to transform the way that public institutions are purchasing food, while also growing the market for fair, humane, local, nutritious, and sustainable sustenance. The GFPP provides a metric-based, flexible framework that encourages public institutions to direct their buying power to uphold five core values: local economies, environmental sustainability, valued workforce, animal welfare and nutrition. The Good Food Purchasing Program provides a comprehensive set of tools, monitoring, technical support, and a rigorous verification system to assist institutions meet their goals over time. Once an institution adopts the Good Food Purchasing Policy, they work collaboratively with the Center for Good Food Purchasing and local lead partner organizations to implement the Program. Implementation involves a baseline assessment, goal setting, progress tracking, and celebrating success. The Center provides resources for affiliate institutions through every step of implementation and adoption. The Good Food Purchasing program has been implemented by the City of Los Angeles, the Los Angeles Unified School District, San Francisco Unified School District, and the Oakland School District (pending). Campaigns have also been launched in Chicago, New York, Twin Cities, Cincinnati, and Austin. In cities where the campaign is underway, coalitions with local leadership and organizations are in development to prepare for official city involvement. The GFPP has had a massive impact in both local and regional supply chains in Los Angeles, creating over 12 million dollars in locally produced food and 150 new, wellpaying jobs in LA County.400 The Center for Good Food Purchasing will work with each institution to estimate the amount of time anticipated for participation and develop a customized projection of program costs to the institution in addition to supporting the institution throughout the implementation process. For more information about the good Food Purchasing Program, visit their website at http://goodfoodpurchasing.org/ *** Similar to the aforementioned public agency options, private businesses have a variety of industry specific supply chain monitoring and compliance services available to assist corporations. These services typically include consultation on how to meet the requirements of the various federal and state laws governing supply chains and fulfill their

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internal ethical sourcing benchmarks. Organizations such as Verité, KnowtheChain, and Perkins Coie’s Supply Chain Compliance & Corporate Social Responsibility arm are examples of such monitoring and compliance agencies. Conversations with industry experts, a review of corporate social responsibility initiatives, and forced labor scandals have underscored the importance of continuous and thorough third-party monitoring to support unbiased data collection of working conditions on the ground. In addition, supply chain mapping is essential to a transparent and rigorous analysis of forced labor risks. As Ben Hensler of the WRC shared, disasters such as Rana Plaza never should have happened. The fact that it did highlights the importance of a system that is transparent and includes independent monitoring.401

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Human trafficking is a vast and complex trade that requires a multifaceted response often summarized as prosecution, prevention, protection and partnership. Ethical sourcing is one such approach that will in part, address the root causes of human trafficking, promote best practices in clean supply chain management, and incentivize compliance. Over the past two decades, much meaningful work has been done in the anti-sweatshop movement within garment factories and more recently, in technology manufacturing facilities. Public and private supply chain management and procurement policies have become a widely recognized mechanism for the abatement of labor trafficking and forced labor. This report compiles a collection of knowledge and resources available across the country that Washington can use to develop influential public policy. Washington is well poised to lead by example. The University of Washington Women’s Center recommends the State Legislature introduce and pass legislation that will accomplish the following: 1) implement anti-human trafficking public procurement policy that addresses supply chain management; 2) encourage corporations with a significant presence in Washington State to transparently and diligently manage clean supply chains; 3) strengthen the Washington Farm Labor Recruitment Act; 4) contract with a third-party and/or independent agency to monitor and support enforcement of vendor supply chain practices; 5) invest in research to map and analyze risk in Washington’s current supply chain; 6) revive the Joint Legislative Oversight Committee on Trade Policy; and 7) leverage Washington Ports as an enforcement mechanism. Details of the Women’s Centers seven recommendations are outlined below. 1. IMPLEMENT ANTI-HUMAN TRAFFICKING PUBLIC PROCUREMENT POLICY THAT ADDRESSES

SUPPLY CHAIN MANAGEMENT The Women’s Center recommends that the Washington State Legislature encourage the Department of Enterprise Services (DES) to develop, implement and enforce an antihuman trafficking procurement policy that requires vendors to map and manage an ethical supply chain. This policy should be informed by the successful practices and lessons learned from existing public and private procurement and supply chain management practices highlighted in the Corporate and Public Leadership: Case studies and best practices in ethical sourcing section of this report (see pages 39-65).

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Below is a selection of provisions and management practices that we recommend the Washington Department of Enterprise Services include in their statewide anti-human trafficking procurement requirements: A. Collaborate on and monitor contracts statewide. For optimal impact, we encourage DES to develop and implement a policy that is applied to all contracts, particularly master contracts. Inclusion of anti-human trafficking policies in master contracts will further support affiliated counties, cities, and towns in implementing their respective anti-human trafficking procurement initiatives. Furthermore, we encourage DES to manage their master contracts collectively by using the weight of the total value of business with the vendor to leverage outcomes as Swedish County Councils and the Worker Rights Consortium affiliates’ have successfully done. Additionally, to produce unbiased audits and support, we encourage all applicable vendor supply chains to be monitored by an independent monitoring agency, preferably the Worker Rights Consortium for apparel and Electronics Watch for electronics contracts. B. Include anti-human trafficking language in service contracts. Human trafficking and forced labor are not restricted to international supply chains. Labor conducted to supply a service are also a part of a public or private supply chain, such as laundry services for a uniform rental contract or room service at a hotel. Therefore, antihuman trafficking supply chain management practices should be extended to contracts related to the procurement of services in addition to goods. C. Include language that regulates foreign labor recruiters and prohibits these recruiters from charging workers any fees. Labor recruiters are a key driver of the human trafficking industry. A common tactic of unscrupulous recruiters known to exploit workers is the practice of charging exorbitant fees that results in workers who are debt-bonded and vulnerable to a host of human rights abuses. This practice has led to countless cases of human trafficking, including the Global Horizons case in Washington State. Public and private procurement experts alike have identified the prohibition of labor recruitment fees to be a best practice for reducing risk of forced labor in supply chains.

The above three recommendations were informed by interviews with procurement officers, policy analysts, elected officials and other experts and constitute our primary suggestions to the Washington DES. Additional recommendations can be found in Appendix A. Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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2. ENCOURAGE CORPORATIONS WITH A SIGNIFICANT PRESENCE IN WASHINGTON STATE TO TRANSPARENTLY AND DILIGENTLY MANAGE CLEAN SUPPLY CHAINS Transparency in supply chains is a necessary first step toward due diligence, but alone is not sufficient to eliminate forced labor and other labor rights violations. The Women’s Center recommends that the Washington State Legislature encourage corporations, through legislation, to transparently and diligently manage ethically sourced supply chains. We believe this will reduce Washington’s investment in forced labor practices abroad. Furthermore, public policy should be informed with the successful practices and lessons learned from existing policies both nationally and globally. Below is a collection of provisions and management practices that the Women’s Center recommends the Washington State Legislature include in corporate supply chain transparency and due diligence policy: A. Public disclosure of due diligence. Encourage corporations with a significant presence in Washington State, defined by the Legislature, to implement and publicly disclose their specific actions to eradicate human trafficking and the risk of human trafficking from their supply chains. This offers a next step for companies already complying with the California Transparency in Supply Chain Act and offers consumers information to make an educated purchasing decision. B. Incentivize compliance. Consider financial accountability mechanisms for noncompliance and fraudulent reporting. The use of financial incentives could then be collected and allocated to a fund to monitor and enforce the law. C. Use an inclusive definition of supply chains. Include goods and services produced locally and internationally in the definition of supply chains. Human trafficking and forced labor are not restricted to international supply chains. Labor conducted to supply a service is also a part of a public or private supply chain, such as farm labor to harvest or package local crops. D. Release list of companies required to comply. Encourage the Attorney General’s office, Secretary of State, Department of Labor & Industries or appropriate agencies to release a list of the companies deemed to have a significant presence in Washington State and therefore are required to comply with the Act to further encourage transparency and accountability. The above four recommendations were informed by interviews with procurement officers, policy analysts, elected officials and other experts and constitute our primary Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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suggestions to the Washington State Legislature. Additional recommendations can be found in Appendix B. 3. STRENGTHEN THE WASHINGTON FARM LABOR RECRUITMENT ACT TO PROTECT WORKERS FROM TRAFFICKED LABOR402,403,404 The Washington State Farm Labor Contractor Act (FLCA) is a long-standing law that governs farm labor contractor licensing and can be used to protect workers from exploitation. Below is a selection of three recommendations Columbia Legal Services shared with us that would strengthen FLCA to help reduce forced labor in agriculture product supply chains. A. Ban recruitment fees: In cases such as Global Horizons, recruitment agencies charge foreign workers in Washington State unconscionable fees, which leave them debt bonded and vulnerable to exploitation. In agreement with Columbia Legal Services’ proposed amendment to the Farm Labor Contractor Act (FCLA) in 2009, recruitment fees should be banned and a remedy should be provided for workers to recover illegally charged fees. No worker should have to pay thousands of dollars for temporary agriculture employment. B. Strengthen anti-retaliation provisions: Previous interviews with farm workers and farm worker advocates (not in direct association with this report) have illuminated a recognized culture of helplessness among foreign agriculture workers due to fear of retaliation. Strengthen the FLCA to guarantee the fair treatment of all workers and protect those who assert their rights. C. Require due diligence for license acquisition: One of the many valuable lessons learned from California’s Supply Chain Transparency law is the importance of due diligence. Disclosures and certifications are helpful, but meaningful action to curb practices that directly or indirectly exploit people is necessary to protect workers’ rights. Therefore, the FLCA should require contractors to prove full compliance with the law and ensure outstanding debts owed to workers are paid before a license is issued. 4. CONTRACT WITH A THIRD-PARTY AND/OR INDEPENDENT AGENCY TO MONITOR AND SUPPORT ENFORCEMENT OF VENDOR SUPPLY CHAIN PRACTICES Third party, independent auditing and monitoring services are essential for unbiased reporting. When these services are performed solely in-house, there is the risk of conflict between honest reporting and various brand interests. Sophorn Yang, a former

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garment worker and the president of the Cambodian Alliance of Trade Unions shared on her U.S. speaking tour that she has personal experience with non-independent auditing firms withholding or overlooking labor rights abuses and advocating on behalf of the brand in question. One example she shared was the recent Nike factory audits, where she explained that the Fair Labor Association was aware of abuses, but never reported the violations and continues to encourage schools to sign licensing agreements with the brand.405 Independent monitoring is essential to accountability and unbiased reporting. Organizations such as the Worker Rights Consortium and Electronics Watch represent independent, unbiased services. 5. INVEST IN THIRD-PARTY RESEARCH Having a clear picture of the risk in Washington’s supply chains is an important step to human trafficking risk abatement and removal of forced labor practices in public procurement. We recommend Washington State invest in additional research to investigate Washington’s supply chains to capture which vendors the state is buying from, what the state is buying from them, where those goods and services are being produced and where there is likely risk. This overview will then provide information for a targeted intervention. 6. REVIVE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON TRADE POLICY The Women’s Center encourages the Joint Legislative Oversight Committee on Trade Policy to review the impact of trade agreements on international supply chains and make recommendations to trade representatives on solutions to eliminate forced labor in global supply chains. Concurrently, we encourage this committee to work with Congressional Delegates to renegotiate international trade agreements as they greatly impact forced migration, job opportunities and other social factors that leave workers vulnerable to human trafficking. To oversee the State’s anti-human trafficking procurement policy, we encourage the Committee to create an Advisory Board or subcommittee to make recommendations for and oversee the evolution of improvements on supply chain management, procurement practices, and support services. 7. LEVERAGE WASHINGTON PORTS AS AN ENFORCEMENT MECHANISM Port, transportation, and warehouse workers play a key role in global supply chains, as their work frequently focuses on the distribution sector of supply chains. Goods manufactured abroad generally pass through transportation “nodes” before reaching American storefronts. Dr. Edna Bonacich, labor rights scholar, sociology professor, and author of the book Getting the Goods: Ports, Labor and the Logistics Revolution surmised that these nodes are leverage points.406

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Policy should be developed to prohibit the transportation of products known to be made with sweatshop labor and the port’s position as a chokepoint should be used as leverage. This will help enforce state policy, as supported by the recent amendments to the U.S. Tariff Act of 1930 that mandates goods made with slave labor shall not be allowed entry at any U.S. port, thus prohibiting the importation of forced-labor produced goods.407 Creating legislation that effectively uses seaports, airports, and other chokepoints as leverage would be a vital method to enact change. The goal of this move would be to create a policy where companies would rather meet the demands of the port than risk having their goods cut off and lose revenue.

As the first state in the nation to criminalize human trafficking and as a state that continues to pass laws and policies that protect individuals, prevent scenarios conducive for human trafficking, and offers support to survivors, Washington State is a pioneer and a leader in the anti-human trafficking movement. Our state has an opportunity to continue this momentum and initiate meaningful and impactful laws that will reduce the State’s investment in forced and trafficked labor, which no other state has accomplished with an enforcement mechanism to-date. Instances of forced labor and abuse are well documented in various industries from which Washington public and private entities likely benefit. California, multiple municipal governments, the Federal Government and many businesses have created a solid foundation for law and policy that Washington can use and enhance. Presumably, many corporations with a significant presence in Washington State are already disclosing their clean supply chain practices in compliance with the California Supply Chain and Transparency Act and/or UK Modern Slavery Act and therefore, any statewide policy would in effect be building on an established precedent. We strongly encourage Washington to be leaders on this important human rights issue and implement anti-human trafficking procurement policy, encourage corporations to diligently manage a clean supply chain, strengthen the farm labor recruitment act, use the ports as leverage, invest in more research and revive the Joint Legislative Oversight Committee on Trade Policy. These recommendations will position the State to support risk reduction in public and private supply chains, serve as a model for other States to follow, and we believe, help reduce human trafficking in our State and support a global culture intolerant of human trafficking and forced labor.

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a. Hold vendors jointly accountable for activities in their supply chain. b. Require vendors to disclose all the factories and business locations used in their supply chain. c. Require vendors to ensure third-party auditors are permitted access to all factories and businesses in their supply chain. d. Include a living wage clause that is representative of the source country’s cost of living. 408,409,410,LVIII e. Encourage the use of hotels with good labor practices. Reduce patronage of hotels and motels that are known to be at risk of becoming labor trafficking sites and/or are in violation of other labor rights. f. If diligently managing supply chains from raw material to distribution is not feasible for vendors, develop language that requires vendors to focus on the most vulnerable points in their supply chain and collectively agree on a step-bystep compliance plan and a strategy to scale-up over time. g. Establish a rebate fee-structure, similar to the City of Madison’s ordinance, that is applied to all contracts. Revenue generated from the fee should then be used to hire a third-party monitoring agency. h. Require vendor suppliers to uphold the same or applicable requirements as the Bangladesh Accord.LIX i. Include an anonymous complaint system and requirements for timely reconciliation. j. Work with vendors to improve their supply chains and reward those with clean supply chains, such as offering longer contracts to these vendors. k. Prioritize the scope of an anti-human trafficking policy on big-ticket items, at-risk industries, and at-risk source countries such as textiles, electronics, and food. l. Scale-up the anti-human trafficking policy over time. m. Require vendors with suppliers in Bangladesh to sign the Accord.

The implementation of a living wage is a promising means of combating the vulnerable and exploitative circumstances that many workers in global supply chains experience. Workers who are not afforded a living wage are particularly vulnerable to be forced to work for their salary under inhumane conditions out of desperation to survive. Requiring vendors and suppliers to provide a living wage to all workers in the supply chain will help mitigate the vulnerability of low-wage workers. LIX See “The Bangladesh Accord” section. LVIII

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n. Review and consult with the Sweatfree Purchasing Consortium, Workers Rights Consortium and Electronics Watch to build on existing model language and policy experiences. o. Build coalitions and launch the Good Food Purchasing Program. p. Review the City of Madison’s cooperative contract with Galls Inc. and collaborate on the Galls Inc. contracts if it meets the needs of Washington State.

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a. Include private rights of action. b. Require that information about non-compliant companies and their detailed compliance plan be accessible to the public. c. Include an annual renewal of disclosures so that the company's existing disclosures are current, functioning, and accurate. d. Include a joint liability provision detailing that businesses are responsible for the labor rights violations of their suppliers. e. Include an anonymous complaint system and requirements for timely reconciliation. f. Include clear implementation dates and definitions, and if using similar language as the California Transparency in Supply Chains Act, define what “visible on the website” means. g. Create a commission including the Attorney General (or agency with jurisdiction to enforce the law) and non-governmental actors, human trafficking survivors, the business community and other interested parties to review policy effectiveness and offer guidance. Include a formal mechanism for annual consultation on how guidance documents can be strengthened and improved to facilitate businesses compliance. h. Encourage a company’s CEO/President to sign-off on supply chain practices (the Federal Bill requires SEC oversight).

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STATES *State of California, *State of Illinois, *State of Maine - 2001 law, 2006 law, 2007 law, vendor fee rules, *State of New Jersey, State of New York - Labor Law 213-A, State of Ohio, *State of Vermont

CITIES

*City of Berkeley - Resolution to join Consortium, Ordinance, *City of Los Angeles Ordinance, Report, Contract with WRC, *City of San Francisco - Amended Sweatfree Ordinance, Original Sweatfree Ordinance, Fair Trade, Organic, Port of Los Angeles, *City of Chicago, City of Bangor, City of Biddeford, City of Orono, *City of Scarborough, *City of Boston, City of Fall River, City of Pittsfield, City of Minneapolis, City of St. Louis, *University City, City of Camden, *City of Clifton, City of Deptford, *Township of East Brunswick, City of Neptune, *City of Newark, City of Redbank, City of Albuquerque, *City of Santa Fe, *City of Albany, *City of Ithaca, *Village of New Paltz, *City of Durham, City of Bedford Heights, City of Berea, City of Brookpark, City of Elyria, City of Fairview Park, City of Lakewood, City of North Olmstead, City of Parma, *City of Toledo, City of Ashland: Resolution; Dec. 2008; Policy, June 2009, *City of Portland: Resolution, Aug. 2007; Policy, Oct. 2008, City of Pittsburgh Ordinance (Dec 2004), Proclamation (July 2006), Resolution (February 2007), *City of Providence,*City of Austin, *City of Seattle: Statement of Legislative Intent; Policy, *City of Olympia, *City of Madison - Resolution, Report, Ordinance, *City of Milwaukee Ordinance, April 2003, Ordinance, Oct 2007

COUNTIES *County of San Francisco - Amended Sweatfree Ordinance, Original

Sweatfree Ordinance, Fair Trade, Organic, County of St. Louis, Bergen County, *Cumberland County, Essex County, *Gloucester County, Hudson County, Mercer County, Middlesex County, *Passaic County, County of Albany, Suffolk County, *Cuyahoga County, *Lucas County, Allegheny County, Northampton County, Travis County, *County of Milwaukee

DIOCESES Archdiocese of Newark, Albany Diocese, Buffalo Diocese, Rockville (Long Island) Diocese

SCHOOL DISTRICTS

Los Angeles Unified School District - Report, Motion, Policy, *Santa Monica-Malibu Unified School District, Minneapolis Public School District, Saint Paul Public School District, Stillwater Public School District, Addison School District, Albany City School District, Alfred-Almond School District, Akron School District, Amherst School District, Andover School District, Averill Park Central School District, Belfast School District, Berne-Knox-Westerlo Central School District, Bethlehem School District, Blind Brook-Rye School District, Bradford School District, Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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Brasher Falls School District, Brentwood School District, Brushton-Moira School District, Burnt Hills-Ballston Lake School District, Camden School District, Carthage School District, Central Islip United Free School District, Churchville-Chili School District, Clarence School District, Colton-Pierrepoint School District, Cooperstown School District, Duanesburg School District, East Greenbush School District, East Islip School District, East Moriches School District, East Rochester School District, Edinburg Common School District, Eldred School District, Ellenville School District, Ellicottville School District, Elmira Heights School District, Fabius-Pompey School District, Fayetteville-Manlius School District, Fonda-Fultonville School District, Fort Plain School District, Frontier School District, Glens Falls Common School District, Gloversville School District, Gouverneur School District, Greater Amsterdam School District, Guilderland, Central School District, Hammondsport School District, Harrisville School District, Herkimer School District, Heuvelton School District, Hoosick Falls School District, Jamesville-Dewitt School District, Jordan Elbridge Central School District, Lancaster School District, Lansingburgh Central School District, Lawrence School District, LeRoy School District, Livonia School District, Little Flower School District, Long Beach City School District, Longwood School District, Moravia School District, New Lebanon School District, New Paltz School District, Newburgh City School District, North Colonie Central School District, North RoseWolcott School District, Northport United Free School District, Northport-East School District, Norwich School District, Odessa-Montour School District, Oneonta City School District, Onondaga School District, Onteora School District, PatchogueMedford United Free School District, Pembroke School District, Penn-Yan School District, Phelps-Clifton Springs School District, Pine Plains School District, Plattsburgh School District, Randolph School District, Ravena-Coeymans-Selkirk School District, Red Creek School District, Riverhead School District, Rondout Valley Central School District, Rotterdam-Mohonasen School District, Roxbury School District, Scio School District, Sharon Springs School District, Sodus School District, South Colonie Central School District, South Glens Falls Central School District, Southern Cayuga School District, South Country School District, St. Johnsville Central School District, Taconic Hills School District, Three Villages Central School District, Troy City School District, Valley Stream 13 School District, Valley Stream 30 School District, Voorheesville Central School District, Walkill School District, Waterloo School District, Watervliet School District, Wayne School District, Weedsport School District, Wellsville School District, West Seneca School District, Wheatland-Chili School District, Wheelerville School District, *Milwaukee Public School District

INDIVIDUAL HIGH SCHOOLS

Oak Park and River Forest High School, *City of Portland Public Schools, City of Bangor Public Schools, Brattleboro Union High School The * indicates that the policy requires factory disclosure.

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The Women’s Center is grateful for the many individuals and organizations who collaborated on this report to offer valuable insight and perspective on public policy, supply chain management practices, lessons learned, monitoring and evaluation resources, survivor experiences, and more. Additionally, we acknowledge and appreciate all the organizations named and unnamed in this report that are working tirelessly to create a culture that values human rights. We extend a special thank you to the following individuals who generously offered their time and expertise and their affiliate organizations for providing Washington with models for change. *** David Abramowitz, J.D., Managing Director at Humanity United Joanne Alcantara, Executive Director of API Chaya Kelsey Beck, Senior Policy Advisor, City of Seattle Kristen Beifus, Community Organizer at UFCW21 and labor rights advocate Edna Bonacich, Ph.D., Author of the book Getting the Goods: Ports, Labor, and the Logistics Revolution, labor rights scholar, and professor at University of California Riverdale Jeremy Blasi, J.D., Senior Consultant at Worker Rights Consortium Melanie Buechel, Sole Source Oversight Manager, Washington State Department of Enterprise Services (DES) Emma Catague, Domestic violence, sexual assault and human trafficking survivor advocate, and community activist Björn Claeson, Director of Electronics Watch Jill Espenshade, Ph.D., Professor of Sociology at San Diego State University and author of the book, Monitoring Sweatshops: Workers, Consumers, and the Global Apparel Industry Liana Foxvog, ILRF Director of Organizing and Communications T. Markus Funk, J.D., Partner and firmwide Co-chair of Perkin Coie’s Supply Chain Compliance Practice

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Robert Henning, FUSE Fellow with the City of San Francisco’s Office of Contract Administration, Ben Hensler, J.D., General Counsel and Deputy Director at WRC Keith S. Kawamura, Deputy Assistant Director for Procurement, Washington State Department of Enterprise Services (DES) Jane Kirkemo, City Clerk for the City of Olympia, Washington Vanessa Lanza, Anti-human trafficking community advocate and former Director of Partnerships at CAST Nancy Locke, Director of City Purchasing and Contracting Services for the City of Seattle Shawn MacDonald, Ph.D., CEO of Verité Dick Meyer, Owner of Traditions C.A.F.É. & World Folk Art and labor rights advocate, Neha Misra, J.D., Senior Specialist on Migration and Human Trafficking with the Solidarity Center Killian Moote, Project Director of KnowtheChain Teresa Mosqueda, Political and Strategic Campaign Director, WA State Labor Council, AFLCIO Hao Ngyuen, Anti-Human Trafficking Program Coordinator at API Chaya. Jose Oliva, Co-director OF Food Chain Workers Alliance (FCWA) Katie Quan, Senior Labor Specialist at University of California Berkeley’s Center for Labor Research and Education Stephanie Richards, J.D., Policy & Legal Services Director at CAST Rebecca R. Riley, Enterprise Procurement Policy Manager, Washington State Department of Enterprise Services (DES). Andrea Schmitt, J.D., Staff Attorney with Columbia Legal Services Kathy Schwenn, Accountant for the City of Madison, Wisconsin’s finance department Nancy A. Sienko, Director of U.S. EEOC Seattle Field Office Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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Rebecca Smith, J.D., Deputy Director, National Employment Law Project Scott Smith, State IT Procurement Manager, Washington State Department of Enterprise Services (DES). Christina Spach, the National Good Food Purchasing Campaign Coordinator for the Food Chain Workers Alliance (FCWA) and Robert Stumberg, J.D., Professor of Law at Georgetown University, Director of Harrison Institute for Public Law Julie A. Su, J.D., State of California’s Labor Commissioner William R. Tamayo, J.D., Director U.S. Equal Employment Opportunity Commission (EEOC), San Francisco, CA Field Office Pam Tokanoga, City purchasing manager, City of Seattle Honorable Velma Veloria, Community activist and WA State Legislator (1992-2004) Julie G. Wade, J.D. (retired), Former Starbucks Director, Corporate Counsel Christine Warnock, CPPO, CPPB, Strategic Business Initiatives Manager, Washington State Department of Enterprise Services. Sophorn Yang, President of the Cambodian Alliance of Trade Unions (CATU) *** API CHAYA API Chaya is a Seattle-based organization dedicated to ending systematic violence in Asian, South Asian, and Pacific Islander communities. API Chaya works with survivors of domestic violence, sexual assault, human trafficking, and other crimes to provide various support services including, resources and referrals, advocacy-based counseling, support groups, safety and support planning, and basic legal advocacy. For more information about API Chaya’s work, see their website at http://www.apichaya.org CITY OF MADISON, WI In 2015, the City of Madison passed an ordinance that creates a procedure to ensure that city purchased apparel ($5,000 or more) are not made from a sweatshop labor. Apparel included in the ordinance are police, fire and metro driver uniforms. Interested bidders

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are required to work with their suppliers to disclose the factories used and share information about the employment conditions of workers along the production value chain. Bidder disclosures include workers’ pay rates, benefits, standard work hours, overtime eligibility, and more. For more information about the City of Madison’s sweatfree ordinance, visit: http://buysweatfree.org/files/madisonpolicy.pdf CITY OF OLYMPIA, WA The City of Olympia initiated their first version of a sweatfree purchasing policy in 2004 as a two-year pilot program that included ball caps, t-shirts, and sweatshirts. Under this policy, vendors were required to self-report and certify under penalty of perjury that they were not purchasing or contracting with an organization using sweatshop labor. Following the pilot program, the City voted to uphold the policy as a resolution to purchase sweatfree whenever possible. For more information about the City of Olympia’s Resolution establishing responsible and ethical purchasing guidelines, visit http://olympiawa.gov/~/media/Files/Executive/CouncilResolutions/M-1545.pdf?la=en CITY OF SAN FRANCISCO, CA The City of San Francisco established a sweatfree procurement policy and contracting effort in 2005 with the passage of Administrative Code Chapter 12U. Since then, the Ordinance has been strengthened and other policy changes have been instituted. The Sweatfree Contracting Ordinance covers “apparel, garments and corresponding accessories, materials, supplies or equipment” as well as textiles, meaning “all items of cloth that are produced by weaving, knitting, felting, sewing, or similar production processes.” The Office of Contract Administration is in charge of writing specifications, conducting procurement processes and awarding contracts, with the assistance of other city department staff. For more information about the City of San Francisco’s Sweatfree Contract Ordinance, visit http://sfgov.org/olse/sweatfree-contracting-ordinance CITY OF SEATTLE, WA In 2010, the Seattle City Council adopted the Statement of Legislative Intent 119-1-A-2, which requests the Department of Executive Administration (DEA) develop and implement a policy to ensure City purchased apparel are manufactured using fair labor standards. Per the Policy’s guidelines, City Purchasing requires bidders to agree to sweatfree requirements for designated products, which include uniform garments (shirts, trousers and jackets). Requirements include sign and submit a prescribed Code of Conduct, provide

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a list of all manufacturing facility locations (including names and addresses) used in product manufacturing and assembly, and agree to cooperate with compliance monitoring upon the City’s request. For more information about the City of Seattle Sweat-free procurement policy, visit: http://buysweatfree.org/files/cpadoptedsweatfreepolicy6-28-10.pdf COALITION TO ABOLISH SLAVERY AND TRAFFICKING (CAST) Coalition to Abolish Slavery and Trafficking (CAST) is Los Angeles-based nonprofit, that provides comprehensives services to survivors of human trafficking and advocates for survivor-focused policy development. CAST's client services programs include emergency response, counseling and skills training, shelter, legal advocacy and survivor leadership. CAST is original co-sponsor and/or played a lead role in advocating for several pieces of enacted legislation including the California Transparency in Supply Chains Act. More information about CAST can be found on their website at http://www.castla.org/ COLUMBIA LEGAL SERVICES Columbia Legal Services is a nonprofit, civil legal aid program with a long history of defending the rights of historically marginalized communities, including Washington’s agricultural workers. Their work includes policy reform, litigation and partnership to support five-program areas: basic human needs, children & youth, institutions, working families and economic justice. For more information, see CLS’s website at http://www.columbialegal.org/ DEPARTMENT OF ENTERPRISE SERVICES (DES) Washington State Department of Enterprise Services (DES) is the state agency responsible for facilitating state contracting & purchasing, printing & mail, facilities & leasing, risk management, surplus, and more. DES oversees more than 1,500 vendors through open, competitive business opportunities for goods, services, and construction projects available to state, local, and tribal governments. For more information, see DES website at http://www.des.wa.gov/ ELECTRONICS WATCH Electronics Watch is an independent monitoring organization that supports public buyers’ efforts to protect the workers in their global electronics supply chain effectively and in a financially efficient manner. For more information, please visit Electronics Watch website: http://electronicswatch.org/en FOOD CHAIN WORKERS ALLIANCE (FCWA) GOOD FOOD PURCHASING PROGRAM (GFPP) The Food Chain Workers Alliance (FCWA) Good Food Purchasing Program (GFPP) aims to Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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transform the way that public institutions are purchasing food, while also growing the market for fair, humane, local, nutritious, and sustainable sustenance. The GFPP provides a metric-based, flexible framework that encourages public institutions to direct their buying power to uphold sustainable values – including a provision against forced labor. The GFPP provides a comprehensive set of tools, monitoring, technical support, and a rigorous verification system to help institutions meet their goals over time. For more information about the GFPP, visit: http://goodfoodpurchasing.org/ HUMANITY UNITED (HU) Humanity United (HU) is a foundation founded in 2008 as a part of the Omidyar Group that is dedicated to “bringing new approaches to global problems that have long been considered intractable.” Humanity United’s work includes financial support, network development, advocacy, strategic communications, and specific HU-led initiatives. Humanity United’s portfolio includes: human trafficking & labor migration, supply chains & forced labor, public policy & government relations, peacebuilding & conflict transformation and strategic media. For more information about Humanity United, visit: http://humanityunited.org/ INTERNATIONAL LABOR RIGHTS FORUM (ILRF) International Labor Rights Forum (ILRF), a human rights organization that advocates for workers’ rights globally. ILRF’s work is rooted in three core pillars: to hold global corporations accountable for human rights violations in supply chains, support policy development that advances workers' rights, and strengthening workers’ ability to advocate for their rights. Strategies to achieve these goals include driving corporate accountability, leveraging government procurement, promoting trade justice, and supporting worker empowerment. For more information about the International Labor Rights Forum visit: http://www.laborrights.org/ NATIONAL EMPLOYMENT LAW PROJECT For more than 45 years, the National Employment Law Project (NELP) has sought to create an economy in which all work provides economic security, opportunity and prosperity to all of America’s workers, especially those who, because of race, color or other discriminatory considerations, are more likely to encounter workplace injustice and unfairness. NELP works from the ground up to build systemic change, collaborating with community partners on advocacy campaigns, developing and testing innovative policy ideas in cities and states, then scaling them up to effect change nationally. For more information about the National Employment Law Project, visit: http://www.nelp.org/about-us/ Sutapa Basu Ph.D and Johnna White MPA – University of Washington Women’s Center

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SWEATFREE COMMUNITIES Sweatfree Communities, a campaign of the International Labor Rights Forum, assists sweatshop workers globally to improve working conditions and form strong independent unions. The campaign encourages sweatfree procurement through broad coalition building, grassroots organizing, and cooperation between advocates and government representatives. The campaign also maintains resources for education and policy development, and research on supply chain transparency and working conditions in government supplier factories. For more information about Sweatfree Communities, visit: http://www.sweatfree.org/ SWEATFREE PURCHASING CONSORTIUM The Sweatfree Purchasing Consortium (SPC) is a membership organization for public entities that seek to purchase apparel and related products made under ethical working conditions. The SPC’s mission is to end public purchasing from sweatshops and to aid its members in making informed sweatfree purchases at reasonable prices. For more information about Sweatfree Communities, visit: http://buysweatfree.org/ PERKINS COIE LLP The Supply Chain Compliance & Corporate Social Responsibility (CSR) practice at Perkins Coie LLP counsels businesses on how to comply with anti-trafficking laws, such as the California Transparency in Supply Chains Act and the Federal Acquisition Regulation (FAR) on Trafficking in Persons in Federal Contracts. Services include risk assessment, evaluation, investigation and remediation of client supply chains. For more information about Perkins Coie LLP Supply Chain Compliance & Corporate Social Responsibility (CSR) Practice, visit: http://www.perkinscoie.com/ SOLIDARITY CENTER The Solidarity Center is the “largest U.S.-based international worker rights organization helping workers attain safe and healthy workplaces, family-supporting wages, dignity on the job and greater equity at work and in their community. Allied with the AFL-CIO, the Solidarity Center assists workers across the globe.” Among their many initiatives, the Solidarity Center’s labor migration and trafficking program focuses on counter-trafficking strategies that emphasize prevention, protection and the rule of law. For more information about the Solidarity Center’s research and initiatives, visit: http://www.solidaritycenter.org/

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STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, LABOR COMMISSIONER’S OFFICE The mission of the California Labor Commissioner's Office is to “ensure a just day's pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws.” This office is also known as the Division of Labor Standards Enforcement (DLSE). The Labor Commissioner’s office enforces labor laws under the following units: Wage Claim Adjudication, Retaliation Complaint Investigation Unit, Licensing & Registration, Public Works, and Bureau of Field Enforcement. For more information about the Labor Commissioner’s Office, visit http://www.dir.ca.gov/dlse/AboutUs.htm WASHINGTON STATE LABOR COUNCIL, AFL-CIO The Washington State Labor Council, AFL-CIO’s core programs are legislative advocacy, political action, communications and media relations, plus assistance with organizing campaigns. The Washington State Labor Council, AFL-CIO’s has been a key advocate in supporting policies to prevent situations that directly and indirectly result in human trafficking and forced labor. For more information about Washington State Labor Council, visit: http://www.wslc.org/ WORKER RIGHTS CONSORTIUM (WRC) Worker Rights Consortium is an independent labor rights monitoring organization dedicated to protecting the rights of workers who are making apparel and similar products in sweatshops across the globe for colleges, universities, and now, cities. The WRC conducts factory audits and in-depth investigations on working conditions, issues public reports, and works with public entities to ensure their vendors are in compliance with their prescribed code of conduct. For more information about the Worker Rights Consortium, visit: http://www.workersrights.org/ UNIVERSITY OF CALIFORNIA BERKELEY CENTER FOR LABOR RESEARCH AND EDUCATION As the research arm of the UC Berkeley Institute for Research on Labor and Employment, since 1964, the Center for Labor Research and Education has trained labor leaders on issues related to labor and employment. The Labor Center works with a range of stakeholders – unions, government and employers – to “develop innovative policy perspectives and programs.” They also offer perspectives on “unions and the changing workforce for students, scholars, policymakers and the public.”

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For more information about the UC Berkeley Labor Center, visit: http://laborcenter.berkeley.edu/ U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for “enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.” Anti-discrimination laws, particularly those prohibiting discrimination on the bases of race, national origin, and sex, including sexual harassment, are an integral part of the fight against human trafficking. “When force, fraud, or coercion are used to compel labor or exploit workers, traffickers and employers may be violating not only criminal laws but also the anti-discrimination laws enforced by the EEOC”, such as in the case of Global Horizons. For more information about the EEOC and their anti-human trafficking cases, visit http://www.eeoc.gov/eeoc/ VERITÉ Verité is a “global, independent, non-profit organization that conducts research, advocacy, consulting, trainings, and assessments with a vision that people worldwide work under safe, fair, and legal conditions.” Founded in 1995, Verité partners with multinational brands, suppliers, and international institutions to improve working conditions and social performance within global supply chains. For more information about Verité, visit: http://www.verite.org/

A SPECIAL THANK YOU TO: Alison Forsyth for online research and interview transcription in support of this project.

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16, Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview Press, 2000. Print. 2 Washington State Task Force Against Trafficking of Persons. “Human Trafficking: Present Day Slavery, The Report of the Washington State Task Force Against Trafficking of Persons.” Office of Crime Victims Advocacy. WA State Dept. of Commerce, Trade and Economic Development. Jun. 2004. Web. Accessed 31 Jan. 2017. 3 “Human Trafficking FAQs.” United Nations Office on Drugs and Crime. 2017. Web. Accessed 8 Feb. 2017. 4 H.B. 1175, 2003 Leg., 58th Sess. (Wash. 2003). 1

2. “A Look Back: Building a Human Trafficking Legal Framework.” Polaris Project. Polaris. 2014. Web. Accessed 10 Jan. 2017. 6 1. “2014 State Ratings on Human Trafficking Laws.” Polaris Project. Polaris. Sep. 2014. Web. Accessed 10 Jan. 2017. 7 2, Hiscox, Michael J., and Nicholas FB Smyth. "Is there consumer demand for improved labor standards? Evidence from field experiments in social labeling." Harvard University: Cambridge, MA. 2006. 5

U.S. Department of State. Sec. 103. “Definitions. 8-9.” Victims of Trafficking and Violence Protection Act 2000. United States Government Printing Office: Washington DC. 2000. 9 WA RCW 9a.40.100. 10 7, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 11 “Bill Digest,” S.B. 5342, 2015 Leg., 64th Sess. (Wash. 2015). 12 “Final Bill Report,” S.B. 5342, 2015 Leg., 64th Sess. (Wash. 2015). 13 United States. General Accounting Office. “Briefing Report to the Honorable Charles E. Schumar, House of Representatives. “Sweashops in the U.S., Opinions on Their Extent and Possible Enforcement Options.” Aug. 1998. Accessed 2 Feb. 2017 14 e3. Barraud de Lagerie, Pauline. “The wages of sweat: A social history perspective on the fight against sweatshops.” Sociologie du travail 55 (2013) e1–e23 . 10.1016/j.soctra.2013.08.003. 15 Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview, 2000. Print. 8

13, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 17 68, Bravo, Karen E. “Toward A Labor Liberalization Solution to Modern Trafficking in Humans.” Proceedings of the Annual Meeting (American Society of International Law) 102. (April 9-12, 2008). Web. Accessed 23 Jan. 2017. 18 4, Owens et al. “Understanding the organization, operation, and victimization process of labor trafficking in the United States.” Urban Institute. 21 October 2014. Web. Accessed 23 Jan. 2017. 16

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19 Otero, Gerardo. "Neoliberal Globalization, NAFTA, and Migration: Mexico's Loss of Food and Labor Sovereignty." Journal of Poverty 15.4 (2011). Accessed 3 Feb. 2017. 20 "NAFTA's Promise and Reality: Lessons from Mexico for the Hemisphere." Carnegie Endowment for International Peace. (2003). Web. Accessed 1 Feb. 2017. 21 4, Wilson, Christopher and Gerard Silva. “Mexico’s Latest Poverty Stats.” Wilson Center: Mexico Institute. 2013. Web. Accessed 3 Feb. 2017. 22 “Mexico: Nafta and Migration.” Migration News. University of California: Davis. Jan. 2003, Vol. 10 (1). Accessed 10 Feb. 2017. 23 3, Misra, Neha. “The Push & Pull of Globalization: How the Global Economy Makes Migrant Workers Vulnerable to Exploitation.” Human Rights Brief 14.3 (2007). Web. Accessed 23 Jan. 2017. 24 14, Barraud de Lagerie, Pauline. “The wages of sweat: A social history perspective on the fight against sweatshops.” Sociologie du travail 55 (2013) e1–e23 . 10.1016/j.soctra.2013.08.003. 25 Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview, 2000. Print. 14, Elliot, Kimberly Ann, and Freeman, Richard B. Can Labor Standards Improve Under Globalization? Washington, DC: Institute for International Economics, 2003. Print. 27 10. Strengthening Protections Against Trafficking in Persons in Federal and Corporate Supply Chains. Verité. United States Department of State. 14 Jan. 2015. Web. Accessed 13 Jan. 2017. 28 1, “The Role of Recruitment Fees and Abusive and Fraudulent Recruitment Practices of Recruitment Agencies in Trafficking of Persons.” United Nations Office on Drugs and Crime. 2015. Web. Accessed 8 Feb. 2017. 29 1-2, Jin Ma, Yoon, Hyun-Hwa Lee, and Kylie Goerlitz. “Transparency of Global Apparel Supply Chains: Quantitative Analysis of Corporate Disclosures.” Corporate Social Responsibility and Environmental Management (2015). doi: 10.1002/csr.1378. 30 14, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 31 Elich, Gregory. “Sweatshop Manufacturing: Engine of Poverty.” Global Research. Centre for Research on Globalization. 16 May 2010. Web. Accessed 31 Jan. 2017. 32 4-5, Flecker, Karl, Healy, Teresa, and Clark, Otasha. “International labor migration: Re-regulating the private power of labor brokers.” Solidarity Center. USAID. Jan. 2015. Web. Accessed 23 Jan. 2017. 33 Federico, Soda. “Labor Supply Chain Integrity and Ethical Recruitment: A Perspective from IOM.” BSR Blog. Business for Social Responsibility. 30 Jan. 2014. Web. Accessed 10 Jan. 2017. 26

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Schnall, Peter L., Marnie Dobson, and Ellen Rosskam. 2009. Unhealthy work: causes, consequences, cures. Amityville, N.Y.: Baywood Pub. Co. 35 Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview, 2000. Print. 34

47, Brewer, Devin. “Globalization and Human Trafficking.” Topical Research Digest: Human Rights and Human Trafficking. Duke University. N.d. Web. Accessed 20 Jan. 2017. 37 “Help Wanted: Fair, safe and legal working conditions begin with hiring.” Verité. Humanity United. N.d. Web. Accessed 2 Feb. 2017. 38 “Tool 2: Understanding the Role of Labor Brokers in Human Trafficking and Forced Labor of Migrant Workers.” Fair Hiring Toolkit For Brands. Verité. 2011. Web. Accessed 19 Jan. 2017. 36

Twohey, Megan, Rosenberg, Mica, and McNeill, Ryan. “Wanted: foreign workers – and the labor brokers accused of illegally profiting from them.” Reuters. 19 Feb. 2016. Web. Accessed 17 Jan. 2017. 40 Twohey, Megan, Rosenberg, Mica, and McNeill, Ryan. “Wanted: foreign workers – and the labor brokers accused of illegally profiting from them.” Reuters. 19 Feb. 2016. Web. Accessed 17 Jan. 2017. 41 “Global Horizons lawsuits (re forced labor).” Business & Human Rights Resource Centre. N.d. Web. Accessed 10 Jan. 2017. 42 72, “Help Wanted: Hiring, Human Trafficking and Modern-Day Slavery in the Global Economy, Regional Reoprt – immigrant Workers in US Agriculture: The Role of Labor Brokers in Vulnerability to Forced Labor.” Verité. 16 Jul. 2010. Web. Accessed 2 Feb. 2017. 43 74-76, “Help Wanted: Hiring, Human Trafficking and Modern-Day Slavery in the Global Economy, Regional Reoprt – immigrant Workers in US Agriculture: The Role of Labor Brokers in Vulnerability to Forced Labor.” Verité. 16 Jul. 2010. Web. Accessed 2 Feb. 2017. 44 74, “Help Wanted: Hiring, Human Trafficking and Modern-Day Slavery in the Global Economy, Regional Reoprt – immigrant Workers in US Agriculture: The Role of Labor Brokers in Vulnerability to Forced Labor.” Verité. 16 Jul. 2010. Web. Accessed 2 Feb. 2017. 45 “EEOC Files Its Largest Farm Worker Human Trafficking Suit Against Global Horizons, Farms.” Press Release. U.S. Equal Employment Opportunity Commission. 20 Apr. 2011. Web. Accessed 7 Jan. 2017. 46 “EEOC Files Its Largest Farm Worker Human Trafficking Suit Against Global Horizons, Farms.” Press Release. U.S. Equal Employment Opportunity Commission. 20 Apr. 2011. Web. Accessed 7 Jan. 2017. 47 “Federal Judge Awards EEOC $7,658,500 in Case Against Farm Labor Contractor Global Horizons.” Press Release. U.S. Equal Employment Opportunity Commission. 2 May 2016. Web. Accessed 7 Jan. 2017. 39

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Commissioner Thyssen, Marianne. Speech at the closing session of the High-level conference on responsible management of supply chain in the Garment Sector, Brussels. 25 Apr. 2016. Web. Accessed 1 Feb. 2017. 49 Commissioner Thyssen, Marianne. Speech at the closing session of the High-level conference on responsible management of supply chain in the Garment Sector, Brussels. 25 Apr. 2016. Web. Accessed 1 Feb. 2017. 50 “About us.” Inditex. n.d. Web. Accessed 10 Feb. 2017. 51 “Inditex and IndustriALL strengthen their commitment to raise standards in the global garment supply chain.” Inditex. 24 Apr. 2016. Web. Accessed 3 Feb. 2017. 52 United Kingdom Modern Slavery Act 2015, Chapter 30. Accessed 30 Dec. 2016 53 Funk, Markus T. “UK Modern Slavery Act of 2015: Transparency in Supply Chains Disclosure (Part 6).” Perkins Coie. n.d. Web. Accessed 30 Dec. 2016. 54 Exec. Order No. 13627, 3 C.F.R. (2012). Print. 55 6, White, Richard. Rolling the Dice in DC: How the Federal Sales Game is Really Played. Bethesda: FedMarket, 2006. Web. Accessed 30 Dec. 2016. 56 Exec. Order No. 13627, 3 C.F.R. (2012). Print. 57 Gottwald, Eric. “Tariff Act Strengthened, But Will Enforcement Follow?” International Labor Rights Forum. 18 Feb. 2016. Web. Accessed 18 Jan. 2017. 58 19 U.S. Code § 1307 – Convict-made goods; importation prohibited. Accessed at www.law.cornell.edu/uscode/text/19/1307 59 Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2013, H.R. 3344, 113 Cong. (2013). 60 Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2013, H.R. 4586, 113 Cong. (2013). 61 Business Supply Chain Transparency on Trafficking and Slavery Act of 2015, H.R. 3226, 114 Cong. (2015-16). 62 Business Supply Chain Transparency on Trafficking and Slavery Act of 2015, H.R. 3226, 114 Cong. (2015-16). 63 “Farm Labor Contractor Violations.” Washington State Dept. of Labor & Industries. Web. Accessed 2 Feb. 2017. 64 Steinberg. “Foreign labor contractors: registration.” (2013-2014). California SB 477. 28 Sep. 2014. 65 Misra, Neha. Interview with Johnna White. 6 Oct. 2016. 66 Harris, Kamala D. Attorney General. California Department of Justice. The California Transparency in Supply Chains Act: A Resource Guide. 13 Apr. 2015. Web. Accessed 30 Dec. 2016. 67 Steinberg. “California Transparency in Supply Chains Act.” California SB-657. 30 Sep. 2010. 68 Steinberg. “Labor: garment manufacturing.” California AB 633. 28 Sep. 1999. 48

69 70

CTSCA, Section 2673.1 (c) Su, Julie. Telephone Interview by Johnna White. 12 Oct. 2016.

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De León. “A Fair Day’s Pay Act.” California SB 588, Labor Code §§ 690.020 et seq. "Adopted Policies." Adopted Policies. Sweatfree Communities, June 2012. Web. Accessed 30 Dec. 2016. < http://laborrights.org/sweatfree-purchasing-policies >. 73 “Affiliate Schools.” Worker Rights Consortium. 1 July 2016. Web. Accessed 30 Dec. 2016. . 74 “Affiliate Schools.” Worker Rights Consortium. 1 July 2016. Web. Accessed 30 Dec. 2016. . 75 Policy #50, SWEAT-FREE PROCUREMENT. City of Seattle. 28 June 2010. 76 City of Olympia, Washington. “Resolution No. M-1545.” 9 Mar. 2004. Web. Accessed 13 Jan. 2017. 77 “Forced labour, human trafficking, and slavery”. International Labour Organization. 2014. Web. Accessed 13 Jan. 2017. 78 Washington State. Office of Financial Management. “Total Population and Percent Change 19902016.” Office of Financial Management. 1 Apr. 2016. Web. Accessed 2 Feb. 2017. 79 5, Owens et al. “Understanding the organization, operation, and victimization process of labor trafficking in the United States.” Urban Institute. 21 October 2014. Web. Accessed 23 Jan. 2017. 80 xxi, DeStefano, Anthony. The war on human trafficking: US policy assessed. Rutgers University Press, 2007. Print. 81 “Forced labour, human trafficking, and slavery”. International Labour Organization. 2014. Web. Accessed 13 Jan. 2017. 82 2, Hearing on "Combating Forced Labor and Modern-Day Slavery in East Asia and the Pacific", Senate Committee on Foreign Relations, Subcommittee on East Asian and Pacific Affairs. 8 Jun. 2014. (testimony of Luis CdeBaca). 83 8, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 84 “Forced labour, human trafficking, and slavery”. International Labour Organization. 2014. Web. Accessed 13 Jan. 2017. 85 15."Profits and Poverty: The Economics of Forced Labour." International Labor Organization. 1 Jan. 2014. Web. Accessed 2 Feb. 2017. 86 17. "Profits and Poverty: The Economics of Forced Labour." International Labor Organization. 1 Jan. 2014. Web. Accessed 2 Feb. 2017. 87 2, Hearing on "Combating Forced Labor and Modern-Day Slavery in East Asia and the Pacific", Senate Committee on Foreign Relations, Subcommittee on East Asian and Pacific Affairs. 8 Jun. 2014. (testimony of Luis CdeBaca). 88 51-55. "World Population Prospects. The 2015 Revision: Key Findings and Advance Tables". The Department of Economic and Social Affairs of the United Nations: New York. 2015. Web. Accessed 13 Jan. 2017. 89 International Labor Organization. “Global Report on Forced Labour in Asia: debt bondage, trafficking, and state-imposed forced labor.” ILO.org. 18 May 2005. Web. Accessed 2 Feb. 2017. 71 72

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Misra, Neha. “The Push & Pull of Globalization: How the Global Economy Makes Migrant Workers Vulnerable to Exploitation.” Human Rights Brief 14.3 (2007). Web. Accessed 23 Jan. 2017. 90

17, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 92 14, United States. Department of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons Report. Department of State, July 2015. Web. Accessed 23 Jan. 2017. . 93 2, ATKearney. “The 2014 A.T. Kearney Global Services Location Index: A Wealth of Choices, From Anywhere on Earth to No Location at All.” ATKearney. 2014. Web. Accessed 31 Jan. 2017. 94 3, ATKearney. “The 2014 A.T. Kearney Global Services Location Index: A Wealth of Choices, From Anywhere on Earth to No Location at All.” ATKearney. 2014. Web. Accessed 31 Jan. 2017. . 95 United States. Department of Labor. Bureau of International Labor Affairs. List of Goods Produced by Child Labor or Forced Labor. 30 Sep. 2016. Web. Accessed 30 Dec. 2016. 96 United States. Department of Labor. Bureau of International Labor Affairs. List of Goods Produced by Child Labor or Forced Labor. 30 Sep. 2016. Web. Accessed 30 Dec. 2016. 97 Harris, Kamala D. Attorney General. California Department of Justice. The California Transparency in Supply Chains Act: A Resource Guide.13 Apr. 2015. Web. Accessed30 Dec. 2016. 98 16, Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview Press, 2000. Print. 99 36, Tonelson, Alan. The Race to the Bottom: Why a Worldwide Worker Surplus and Uncontrolled Free Trade Are Sinking American Living Standards. Boulder, CO: Westview Press, 2000. Print. 100 13. “Forced Labor in the Production of Electronic Goods in Malaysia: A Comprehensive Study of Scope and Characteristics.” Verité. 2014. Web. Accessed 24 Jan. 2017. 101 22. “Forced Labor in the Production of Electronic Goods in Malaysia: A Comprehensive Study of Scope and Characteristics.” Verité. 2014. Web. Accessed 24 Jan. 2017. 102 1. “Human Trafficking Risk in Global Fishing and Aquaculture Sector.” Verité. N.d. Web. Accessed 30 Dec. 2016. 103 United States Census Bureau. “S0501. Washington.” Selected Characteristics of the Native and Foreign-born Populations. 2011-2015 American Community Survey 5-Year Estimates. 2015. Web. Accessed 7 Feb. 2017. 91

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"Hospitality." National Human Trafficking Hotline. N.p., n.d. Web. Accessed 07 Apr. 2017. . 105 "Preventing Human Trafficking in Global Supply Chains." U.S. Department of State. U.S. Department of State, n.d. Web. Accessed 07 Apr. 2017. . 106 ii, Washington State Task Force Against Trafficking of Persons. “Human Trafficking: Present Day Slavery, The Report of the Washington State Task Force Against Trafficking of Persons.” Office of Crime Victims Advocacy. WA State Dept. of Commerce, Trade and Economic Development. Jun. 2004. Web. Accessed 31 Jan. 2017. 107 Nicolosi, Michelle. “Seattle Labeled Hotspot for Human Cargo.” Seattle PI. 10 July 2004. Web. Accessed 05 Jan. 2017. , 108 Alcantara, Joanne. Conversation with Johnna White. 17 Jan. 2017. 104

Washington State Task Force Against Trafficking of Persons. “Human Trafficking: Present Day Slavery, The Report of the Washington State Task Force Against Trafficking of Persons.” Office of Crime Victims Advocacy. WA State Dept. of Commerce, Trade and Economic Development. Jun. 2004. Web. Accessed 31 Jan. 2017. 110 22, White, Johnna. “Stakeholder Analysis: How to Engage Health Care Providers in the Identification of and Response to Human Trafficking.” University of Washington Women’s Center. 10 June 2013. 111 “Forced labour, human trafficking, and slavery”. International Labour Organization. 2014. Web. Accessed 13 Jan. 2017. 112 Bureau of Economic Analysis. “Gross Domestic Product (GDP) by State (millions of current dollars).” U.S. Department of Commerce. 2015. Web. Accessed 27 Jan. 2017. 113 2, Washington Council on International Trade, & Trade Development Alliance of Greater Seattle. “International Competitiveness Strategy for Washington State.” Washington Council on International Trade. 2 October 2012. 114 12, Washington Council on International Trade, & Trade Development Alliance of Greater Seattle. “International Competitiveness Strategy for Washington State.” Washington Council on International Trade. 2 October 2012. 115 Washington Council on International Trade, & Trade Development Alliance of Greater Seattle. “International Competitiveness Strategy for Washington State.” Washington Council on International Trade. 2 October 2012. 116 1, 4. Washington Council on International Trade, & Trade Development Alliance of Greater Seattle. “International Competitiveness Strategy for Washington State.” Washington Council on International Trade. 2 October 2012. 117 16, Washington Council on International Trade, & Trade Development Alliance of Greater Seattle. “International Competitiveness Strategy for Washington State.” Washington Council on International Trade. 2 October 2012. 118 Washington State Department of Agriculture. “Agriculture: A Cornerstone of Washington’s Economy.” Access Washington. 14 May 2015. Web. Accessed 25 Jan. 2017. 109

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266, “Table 7. Hired Farm Labor – Workers and Payroll: 2012.” 20120 Census of Agriculture – County Data. USDA, National Agricultural Statistics Service. Washington. 2012. Web. Accessed 25 Jan. 2017. 120 7, International Competitiveness Strategy for Washington State Report. 121 “Washington: State Immigration Data Profiles.” Migration Policy Institute. Tabulations of data from the U.S. Census Bureau’s American Community Survey (ACS) and Decennial Census. Accessed 2 Feb. 2017. 122 21, Jayapal, Pramila and Curry, Sarah. “Building Washington’s Future: Immigrant Workers’ Contributions to Our State’s Economy.” OneAmerica. 2009. Web. Accessed 30 Dec. 2016. 123 44, United States. Department of Labor. Office of Foreign Labor Certification. “OFLC Annual Report FY2015.” 2015. Accessed 30 Dec. 2016. 124 3, Misra, Neha. “The Push & Pull of Globalization: How the Global Economy Makes Migrant Workers Vulnerable to Exploitation.” Human Rights Brief 14.3 (2007). Web. Accessed 23 Jan. 2017. 125 23. Newman, Etan. “No Way to Treat a Guest: Why the H-2A Agricultural Visa Program Fails U.S. and Foreign Workers.” Farmworker Justice. 2011. Web. Accessed 27 Jan. 2017. 126 Vii, Owens et al. “Understanding the organization, operation, and victimization process of labor trafficking in the United States.” Urban Institute. 21 October 2014. Web. Accessed 23 Jan. 2017. 127 148-149. Richards, Kathy. “The Trafficking of Migrant Workers: What are the Links Between Labour Trafficking and Corruption?”. International Migration, 42: 147–168. doi:10.1111/j.00207985.2004.00305.x 128 “Labor Migration and Human Trafficking.” Solidarity Center. N.d. Web. Accessed 1 Feb. 2017. 129 “Agriculture.” National Human Trafficking Hotline. Polaris Project. N.d. Web. Accessed 1 Feb. 2017. 130 vi, Owens et al. “Understanding the organization, operation, and victimization process of labor trafficking in the United States.” Urban Institute. 21 October 2014. Web. Accessed 23 Jan. 2017. 131 Passel, Jeffrey S. and Cohn, D’vera. “Overall Number of U.S. Unauthorized Immigrants Holds Steady Since 2009.” 20 Sep. 2016. Web. Accessed 23 Jan. 2017 132 Passel, Jeffrey S. and Cohn, D’Vera. Estimated unauthorized immigrant totals changed in 13 states, stable in U.S. overall. “Overall Number of U.S. Unauthorized Immigrants Holds Steady Since 2009.” Hispanic Trends. Pew Research Center. 20 Sep. 2016. Web. Accessed 12 Jan. 2017. 133 Passel, Jeffrey S., and Cohn, D’Vera. “Overall Number of U.S. Unauthorized Immigrants Holds Steady Since 2009.” Hispanic Trends. Pew Research Center. 20 Sep. 2016. Web. Accessed 12 Jan. 2017. 119

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“Pew Hispanic Center tabulations of augmented, March 2014 Current Population Survey.” Hispanic Trends. Pew Research Center. 3 Nov. 2016. Web. Accessed 12 Jan. 2017. 135 77, Porter, Michael E., and Mark R. Kramer. "The big idea: Creating shared value." Harvard Business Review 89.1 (2011). 134

Washington State News. “Commerce Showcasing Washington State Business Advantages, Industrial Opportunities at MIPIM World.” Global Open Source Intelligence. Foreignaffairs Publisher, 16 Mar. 2016. 137 181. Block, Ana Alice et. al. “From International Supply Chains to Local Consumption: Eliminating Labor Trafficking from all Companies in Washington State.” Jackson School of International Studies. University of Washington. Jan. Mar. 2015. 138 402-403, Joseph, Amita V. “Successful Examples of Corporate Social Responsibility.” The Indian Journal of Industrial Relations, Vol. 44 No. 3, Jan 2009. 139 65, Porter, Michael E., and Mark R. Kramer. "The big idea: Creating shared value." Harvard Business Review 89.1 (2011). 140 Islam, Muhammad Azizul, and Craig Deegan. "Media Pressures and Corporate Disclosure of Social Responsibility Performance Information: A Study of Two Global Clothing and Sports Retail Companies." Accounting and Business Research 40.2 (2010): 131-148. Web. DOI: 10.1080/00014788.2010.9663388. 141 Corporate Citizenship: Profiting from a Sustainable Business. Economist Intelligence Unit. The Economist. London, Report 6 (2008). Print. 136

29. Tufts University. “Progress and Potential: How Better Work is improving garment workers’ lives and boosting factory competitiveness.” Better Work. International Labour Organization. 27 Sep. 2016. Web. Accessed 9 Jan. 2017. 143 4, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 144 Hainmueller, Jens and Hiscox, Michael J., “The Socially Conscious Consumer? Field Experimental Tests of Consumer Support for Fair Labor Standards” (2015). MIT Political Science Department Research Paper No. 2012-15. 145 2, Jaffee, Daniel. Brewing Justice : Fair Trade Coffee, Sustainability, and Survival. Berkeley: U of California, 2007. Print. 146 197, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 147 “What is Fair Trade? Frequently Asked Questions.” FairTrade USA. Web. Accessed 14 Feb. 2017. 148 Wydick, Bruce. “10 Reasons Fair-Trade Coffee Doesn’t Work.” The Huffington Post. 8 Jul. 2014. Web. Accessed 16 Feb. 2017. ; See also: Janvry, Alain de et al. “Fair Trade and Free Entry: The Dissipation of Producer Benefits in a Disequilibrium Market.” University of California, Berkeley. Jul. 2010. ; 142

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Hainmueller, Jens, Michael J Hiscox, and Sandra Sequeira. “Consumer Demand for Fair Trade: Evidence from a Multistore Field Experiment.” The Review of Economics and Statistics 97.2 (2015): 242– 256. Web. 150 109, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print 151 Kimeldorf, Howard et al. “Consumers with a Conscience: Will They Pay More?” Contexts 5.1 (2006): 24–29. Print. 152 Hiscox, Michael J, and Nicholas F B Smyth. “Is There Consumer Demand for Improved Labor Standards? Evidence from Field Experiments in Social Product Labeling.” Department of Government, Harvard University (2006): 1–21. Print. 153 Washington State News. Commerce Showcasing Washington State Business Advantages, Industrial Opportunities at MIPIM World. Foreignaffairs, Global Open Source Intelligence. Foreignaffairs Publisher, 16 Mar. 2016. Web. 154 22. Corporate Citizenship: Profiting from a Sustainable Business. Economist Intelligence Unit. The Economist. London, Report 6 (2008). Print. 155 64, Porter, Michael E., and Mark R. Kramer. "The big idea: Creating shared value." Harvard Business Review 89.1 (2011). 156 Jägers, Nicola, and Conny Rijken. "Prevention of Human Trafficking for Labor Exploitation: The Role of Corporations." Northwestern Journal of International Human Rights 12.1 (2014): 47-73. Print. 157 8. Beyond Supply Chains: Empowering Responsible Value Chains. World Economic Forum, Jan. 2015. Print. 158 Tufts University. “Progress and Potential: How Better Work is improving garment workers’ lives and boosting factory competitiveness.” Better Work. International Labour Organization. 27 Sep. 2016. Web. Accessed 9 Jan. 2017. 159 "Better Work Vietnam." Better Work Vietnam RSS. N.p., n.d. Web. Accessed 5 Apr. 2017. . 160 21, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 161 13,19, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 162 21, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 163 Hiscox, Michael J. and Broukhim, Michael and Litwin, Claire and Woloski, Andrea. “Consumer Demand for Fair Labor Standards: Evidence from a Field Experiment on eBay.” (April 12, 2011). 164 Hainmueller, Jens and Hiscox, Michael J. “The Socially Conscious Consumer? Field Experimental Tests of Consumer Support for Fair Labor Standards.” 2015. MIT Political Science Department Research Paper No. 2012-15. Available at SSRN: http://ssrn.com/abstract=2062435 165 Barraud de Lagerie, Pauline. “The wages of sweat: A social history perspective on the fight against sweatshops.” Sociologie du travail 55 (2013) e1–e23 . 10.1016/j.soctra.2013.08.003. 166 13,19, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 149

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Brammer, Stephen, and Helen Walker. “Sustainable Procurement in the Public Sector: An International Comparative Study.” International Journal of Operations & Production Management 31.4 (2011): 452–476. Web. 168 11, Lefevre, Clement, Pelle, Damien, Raul Martinez, and Pierre-Francois Thaler. Value of Sustainable Procurement Practices. PricewaterhouseCoopers, Evovadis, Insead. 2010. Web. Accessed 9 Jan. 2017. 169 “To The Ministry of Finance: Recommendation of 15 November 2005 (Unofficial English Translation).” Norwegian Ministry of Finance. 6 Jun. 2006. Web. Accessed 31 Jan. 2017. 170 Doorey, David. "The Transparent Supply Chain: From Resistance to Implementation at Nike and Levi-Strauss." Journal of Business Ethics 103.4 (2011): 587-603. Web. 171 “Social Media Shaming: Can Outrage Be Effective?" [email protected] University of Pennsylvania, 20 Nov. 2015. Web. Accessed 04 Jan. 2017. . 172 Duhigg, Charles and Greenhouse, Steven. “Electronic Giant Vowing Reforms in China Plants.” The New York Times. 29 Mar. 2012. Web. Accessed 27 Jan. 2017. 173 1, Guo, Ruixue, Hau Lee, and Robert Swinney. "The impact of supply chain structure on responsible sourcing." Proceedings of M&SOM Sustainable Operations SIG Conference, INSEAD, Fontainebleau, France. Vol. 28. 2013. 174 1, Guo, Ruixue, Hau Lee, and Robert Swinney. "The impact of supply chain structure on responsible sourcing." Proceedings of M&SOM Sustainable Operations SIG Conference, INSEAD, Fontainebleau, France. Vol. 28. 2013. 175 Funk, Markus T. Telephone Interview by Johnna White and Dr. Sutapa Basu. 15 Sept. 2016. 176 "Sustainability Consulting." BSR. N.p., n.d. Web. 15 Mar. 2017. . 177 Strom, Stephanie. "A Sweetheart Becomes Suspect; Looking Behind Those Kathie Lee Labels. (Business/Financial Desk)." The New York Times, 27 June 1996. Web. Accessed 1 Feb. 2017. 178 Strom, Stephanie. "A Sweetheart Becomes Suspect; Looking Behind Those Kathie Lee Labels. (Business/Financial Desk)." The New York Times, 27 June 1996. Web. Accessed 1 Feb. 2017. 179 228, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 180 "Protecting Workers' Rights Worldwide." Fair Labor Association. Fair Labor Association, 2012. Web. Accessed 09 Jan. 2017. 181 Nisen, Max. "How Nike Solved Its Sweatshop Problem." Business Insider. Business Insider Inc., 9 May 2013. Web. Accessed 30 Jan. 2017. 182 Cushman, John H. “Nike Pledges to End Child Labor and Increase Safety.” New York Times. 13 May 1998. Print. 183 Cushman, John H. “Nike Pledges to End Child Labor and Increase Safety.” New York Times. 13 May 1998. Print. 167

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592, Doorey, David. "The Transparent Supply Chain: From Resistance to Implementation at Nike and Levi-Strauss." Journal of Business Ethics 103.4 (2011): Web. 185 594, Doorey, David. "The Transparent Supply Chain: From Resistance to Implementation at Nike and Levi-Strauss." Journal of Business Ethics 103.4 (2011): Web. 186 602, Doorey, David. "The Transparent Supply Chain: From Resistance to Implementation at Nike and Levi-Strauss." Journal of Business Ethics 103.4 (2011): Web. 187 Jamieson, Dave. “Watchdog Group Kept Out of Nike Supplier’s Factory After Worker Strike.” The Huffington Post. 3 March 2016. Web. Accessed 9 Jan. 2017. 188 Factory Assessment Hansae Vietnam Co., Ltd. (Vietnam) Findings, Recommendations, Status Update. Worker Rights Consortium. 2016. Web. Accessed 27 Jan. 2017. < http://workersrights.org/freports/WRC%20Assessment%20re%20Hansae%20Vietnam%2012.6.16.pdf > 189 Hansae Business Customers. Hansae fashion worldwide. Web. Accessed 27 Feb. 2017. . 190 2, Factory Assessment Hansae Vietnam Co., Ltd. (Vietnam) Findings, Recommendations, Status Update. Workers Right Consortium. 2016. Web. Accessed 27 Jan. 2017. < http://workersrights.org/freports/WRC%20Assessment%20re%20Hansae%20Vietnam%2012.6.16.pdf > 191 3, Factory Assessment Hansae Vietnam Co., Ltd. (Vietnam) Findings, Recommendations, Status Update. Worker Rights Consortium. 2016. Web. Accessed 27 Jan. 2017. < http://workersrights.org/freports/WRC%20Assessment%20re%20Hansae%20Vietnam%2012.6.16.pdf > 192 3, Factory Assessment Hansae Vietnam Co., Ltd. (Vietnam) Findings, Recommendations, Status Update. Worker Rights Consortium. 2016. Web. Accessed 27 Jan. 2017. < http://workersrights.org/freports/WRC%20Assessment%20re%20Hansae%20Vietnam%2012.6.16.pdf > 193 Parolin, Sara. “Re: UW Women’s Center in support of UW USAS.” Message to UW Women’s Center. 13 Feb. 2017. Email. 194 Miller, Ryan. "University Allows Nike Contract To Expire While Protesters Face Student Conduct Meetings." The Georgetown Voice. N.p., 03 Jan. 2017. Web. March & April 2017. . 195 12, Islam, Muhammad Azizul, and Craig Deegan. "Media Pressures and Corporate Disclosure of Social Responsibility Performance Information: A Study of Two Global Clothing and Sports Retail Companies." Accounting and Business Research 40.2 (2010): 131-148. Web. DOI: 10.1080/00014788.2010.9663388. 196 Heti, Sheila, Julavits, Heidi, Shapton, Leanne, and Mann, Mary. Women in Clothes. New York: Blue Rider, a Member of Penguin Group (USA), 2014. Print. 197 “Rana Plaza: a man-made disaster that shook the world.” Cleanclothes.org. Clean Clothes Campaign. 2013. Web. Accessed 10 Jan. 2017. 198 “Petition: Guilt-free clothing.” Avaaz: The World in Action. Avaaz. 3 May. 2013. Web. Accessed 03 Jan. 2017. . 199 Kasperkevic, Jana. “Rana Plaza collapse: workplace dangers persist three years later, report finds.” The Guardian: New York. 31 May 2016. Web. Accessed 30 Jan. 2017. 184

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200 "Petition: Guilt-free clothing." Avaaz: The World in Action. 3 May 2013. Web. Accessed 03 Jan. 2017. . 201 Kazmin, Amy. "How Benetton Faced up to the Aftermath of Rana Plaza." Financial Times [London (UK)] 21 Apr. 2015: 14. Web. Accessed 14 Jan. 2017. 202 Mezzofiore, Gianluca. “Bangladesh Factory Disaster: Benetton Paper Trail Discovered in Rana Plaza Rubble.” International Business Times. 1 May 2013. Web. Accessed 8 Feb. 2017. 203 Mezzofiore, Gianluca. “Benetton Admits Link to Rana Plaza’s New Wave Garment Factory.” International Business Times. 9 May 2013. Web. Accessed 8 Feb. 2017. 204 Benetton Group. “Benetton looks to the future of responsible business.” Press Release. Benetton Group. 13 May 2011. Web. Accessed 10 Feb. 2017. 205 Mezzofiore, Gianluca. “Rana Plaza Disaster: Benetton Admits it ‘Occasionally’ Made Clothing At Bangladesh Factory.” International Business Times. 1 May 2013. Web. Accessed 8 Feb. 2017. 206 Mezzofiore, Gianluca. “Benetton Admits Link to Rana Plaza’s New Wave Garment Factory.” International Business Times. 9 May 2013. Web. Accessed 8 Feb. 2017. 207 Kazmin, Amy. "How Benetton Faced up to the Aftermath of Rana Plaza." Financial Times [London (UK)] 21 Apr. 2015: 14. Web. Accessed 14 Jan. 2017. 208 “About.” The Bangladesh Accord. Accord on Fire and Building Safety in Bangaladesh, n.d. Web. Accessed 10 Jan. 2017. 209 Greenhouse, Steven, and Elizabeth A. Harris. "Battling for a Safer Bangladesh." New York Times, 22 Apr. 2014: B1. Print. 210 "Governance." The Bangladesh Accord. Accord on Fire and Building Safety in Bangladesh, n.d. Web. 10 Jan. 2017. . 211 “About.” The Bangladesh Accord. Accord on Fire and Building Safety in Bangaladesh, n.d. Web. 10 Jan. 2017. 212 Greenhouse, Steven. “U.S. Retailers See Big Risk in Safety Plan for Factories in Bangladesh.” New York Times, 22 May 2013: B1. Print. 213 Quan, Katie. Interview with Johnna White and Dr. Sutapa Basu. 29 Jul. 2016. 214 38, Labowitz, Sarah, and Dorothée Baumann-Pauly. “Business as Usual Is Not an Option Supply Chains and Sourcing after Rana Plaza.” NYU Stern School of Business (Apr. 2014). Web. Accessed 24 Jan. 2017. 215 Gensler, Lauren. “The World’s Largest Retailers 2016: Walmart Dominates But Amazon is Catching Up.” Forbes. 27 May 2016. Web. Accessed 23 Jan. 2017. 216 Yeomans, Jon. “Revealed: the biggest companies in the world in 2016.” The Telegraph. 20 Jul. 2016. Web. Accessed 23 Jan. 2017.

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258, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 218 “Child Labor is Back: children are again sewing clothing for major U.S. companies.” Labor and Worklife Program at Harvard Law School. Institute for Global Labour and Human Rights (formerly National Labor Committee): New York. 2006. Web. Accessed 10 Jan. 2017. 219 Greenhouse, Steven. “House Audit Says Walmart Violated Labor Laws.” New York Times. 13 Jan. 2004. Web. 220 258, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 221 “The Question Walmart CEO Lee Scott Didn’t Answer.” WakeupWalmart.com. Press Release. 23 Sep. 2005. Accessed 2 Feb. 2017. 222 Walmart: The High Cost of Low Price. Robert Greenwald. Brave New Films, 2005. Film. 223 270, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 224 274-280, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 225 Gustafson, Krystina. “The real test of Walmart’s $2.7 billion wage investment is about to begin.” CNBC. 11 Jul. 2016. Web. Accessed 14 Feb. 2017. 226 Walmart to Deliver Pay Raises Next Month.” The New York Times. 20 Jan. 2016. Web. Accessed 14 Feb. 2017. 227 Hodal, Kate, Kelly, Chris, and Lawrence, Felicity. “Revealed: Asian slave labour producing prawns for supermarkets in US, UK,” The Guardian. 10 Jun. 2014. Web. Accessed 10 Jan. 2017. 228 “Shrimp.” Investor Relations. Costco Wholesale. Dec. 2015. Web. Accessed 10 Jan. 2017. 229 “Your Questions Answered.” Seafood Task Force. 2016. Web. 20 Jan. 2017. Accessed 10 Jan. 2017. 230 “Shrimp.” Investor Relations. Costco Wholesale. Dec. 2015. Web. Accessed 10 Jan. 2017. 231 Llopis, Glenn. “The Costco Factor: To Win the Business Game, You Need to Change How You Think,” Forbes.com, Forbes. 31 Jan. 2011. Web. Accessed 10 Jan. 2017. 232 Cascio, Wayne F. "The High Cost Of Low Wages." Harvard Business Review 84.12 (2006): 23. Business Source Complete. Web. Accessed 12 Jan. 2017. 233 Sisodia, Rajendra., Wolfe, David B, and Sheth, Jagdish N. Firms of Endearment : How World-class Companies Profit from Passion and Purpose. Upper Saddle River: Wharton School Pub., 2007. Print. 234 Kaye, Leon. “Costco, the Genuine Retail CSR Leader?” TriplePundit. 14 Aug. 2012. Web. Accessed 11 Jan. 2017. 217

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“Corporate Sustainability Report.” Costco Wholesale. Corporate Sustainability and Energy Group. Jan. 2009. Web. Accessed 11 Jan. 2017. 236 “Vendor Code of Conduct.” Costco Wholesale. N.d. Web. Accessed 23 Jan. 2017. 237 “Supplier Code of Conduct.” Costco Wholesale. 2016. Web. Accessed 23 Jan. 2017. 238 168. Block, Ana Alice et. al. “From International Supply Chains to Local Consumption: Eliminating Labor Trafficking from all Companies in Washington State.” Jackson School of International Studies. University of Washington. Jan. Mar. 2015. 239 “Supplier Code of Conduct.” Costco Wholesale. 2016. Web. Accessed 23 Jan. 2017. 240 “Costco Disclosure Regarding Human Trafficking and Anti-Slavery.” Costco Wholesale. N.d. Web. Accessed 11 Jan. 2017. 241 “Building Produce Supply Chain Assurance: 2015 Annual Report.” Equitable Food Initiative. 22 Sep. 2015. Web. Accessed 11 Jan. 2017. 242 Lewis, Robin. “Costcoholics: Costco’s $113.7 Billion Addicts,” Forbes. 16 Feb. 2016. Web. Accessed 10 Jan. 2017. 243 Schultz, Howard and Nocera, Joe. “Can Corporate Values Drive Shareholder Value? With Starbucks CEO Howard Schultz.” Aspen Ideas Festival. 2012. Web. Accessed 23 Jan. 2017. 244 Fortune. “World’s Most Admired Companies 2016.” Fortune. Time Inc. 2016. Web. Accessed 13 Jan. 2017. 245 Confine, Jo. “Best practices in sustainability: Ford, Starbucks and more.” Sustainable business blog. The Guardian. 30 Apr. 2014. Web. Accessed 12 Jan. 2017. 246 1. “Global Responsibility Report – 2015.” Starbucks Coffee Company. 2015. Web. Accessed 1 Feb. 2017. 247 “Starbucks Company Profile.” Starbucks Coffee Company. Nov. 2016. Web. Accessed 12 Jan. 2017. 248 109, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print 249 110, Conroy, Michael E. Branded! : How the 'certification Revolution' Is Transforming Global Corporations. Gabriola Island, B.C.: New Society, 2007. Print. 250 Julie Wade, Director of Corporate Counsel Starbucks. Presentation at UW Conference on Human Trafficking. “Ethical Sourcing and Sustainable Development Panel.” 12 Jan. 2013. 251 Wade, Julie. Interview with Sutapa Basu and Johnna White on 22 Feb. 2017 252 “Starbucks Disclosure in Compliance with California Transparency in Supply Chains Act of 200 (BS657).” Starbucks Coffee Company. 1-2. Web. Accessed 06 March 2017. 253 “Starbucks Ethical Sourcing of Sustainable Products” Starbucks Coffee Company. Web. Access 06 March 2017. < http://www.starbucks.com/responsibility/sourcing> 235

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“Starbucks Disclosure in Compliance with California Transparency in Supply Chains Act of 200 (BS657).” Starbucks Coffee Company. 1-2. Web. Accessed 06 March 2017. 255 Wade, Julie. Interview with Sutapa Basu and Johnna White on 22 Feb. 2017 256 “C.A.F.E. Practices: Generic Scorecard.” Starbucks Coffee Company. 1-16. Dec. 2014. Web. Accessed 12 Jan. 2017. 257 Starbucks Ethical Sourcing and Legal Team. Interview with Dr. Sutapa Basu, Velma Veloria, and Johnna White. 16 Aug. 2012. 258 “Starbucks Disclosure in Compliance with California Transparency in Supply Chains Act of 200 (BS657).” Starbucks Coffee Company. 1-2. Web. Accessed 06 March 2017. 259 Munson, Chuck. Ethical Product Sourcing in the Starbucks Coffee Supply Chain. FT Press. 11 Sep. 2013. 260 802. MacDonald, Kate. "Globalising justice within coffee supply chains? Fair Trade, Starbucks and the transformation of supply chain governance". Third World Quarterly.28 (4). 2007. 261 “Starbucks Expands $70 Million Ethical Sourcing Program with New Global Agronomy Center.” Starbucks Coffee Company. 18 Mar. 2013. Web. Accessed 11 Jan. 2017. 262 77, "HP 2015 Sustainability Report." Hp.com. HP, 29 June 2015. Web. Accessed 10 Jan. 2017. 263 Biron, Carey L. “HP Becomes First Tech Company to Eliminate Foreign Labor Recruiters.” MintPress News. 20 Nov. 2014. Web. Accessed 12 Jan. 2017. 264 “Forced Labor in the Production of Electronic Goods in Malaysia: A Comprehensive Study of Scope and Characteristics.” Verité. 2014. Web. Accessed 24 Jan. 2017. 265 HP. “HP Reinforces Protection of Foreign Migrant Workers.” HP. Press Release. 10 Nov. 2014. Web. 12 Jan. 2017. 266 Biron, Carey L. “HP Becomes First Tech Company to Eliminate Foreign Labor Recruiters.” MintPress News. 20 Nov. 2014. Web. 12 Jan. 2017. 267 HP. “HP Supply Chain Foreign Migrant Worker Standard.” HP. 10 Nov. 2014. Web. Accessed 12 Jan. 2017. 268 77. “HP 2015 Sustainability Report.” HP. 2015. Web. Accessed 2 Feb. 2017. 269 83. “HP 2015 Sustainability Report.” HP. 2015. Web. Accessed 2 Feb. 2017. 270 1, 4, HP. “HP Supply Chain Foreign Migrant Worker Standard – Version 1.1.” HP. 1 Sep. 2015. Web. Accessed 12 Jan. 2017. 271 1, 4, HP. “HP Supply Chain Foreign Migrant Worker Standard – Version 1.1.” HP. 1 Sep. 2015. Web. Accessed 12 Jan. 2017. 272 KnowTheChain. “ICT Benchmark Findings Report.” Know the Chain. Jun. 2016. Web. Accessed 12 Jan. 2017. 273 KnowTheChain. “ICT Benchmark Findings Report.” Know the Chain. Jun. 2016. Web. Accessed 12 Jan. 2017. 254

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Chen, Liyan. “The World’s Largest Tech Companies: Apple Beats Samsung, Microsoft, Google.” Forbes. 11 May 2015. Web. Accessed 11 Jan. 2017. 275 Musgrove, Mike. “Sweatshop Conditions at IPod Factory Reported.” Washington Post. 16 Jun. 2006. Accessed 17 Feb. 2017. 276 1, Guo, Ruixue, Hau Lee, and Robert Swinney. "The impact of supply chain structure on responsible sourcing." Proceedings of M&SOM Sustainable Operations SIG Conference, INSEAD, Fontainebleau, France. Vol. 28. 2013. 277 “Light and death: A series of deaths expose a big computer-maker to unaccustomed scrutiny.” The Economist: Hong Kong. 27 May 2010. Web. Accessed 17 Feb. 2017. 278 France-Presse, Agence. “Apple under fire again for working conditions at Chinese factories.” The Guardian. 19 Dec. 2014. Web. Accessed 17 Jan. 2017. 279 Higgins, Tim. “Apple Bans ‘Bonded Servitude’ at Supplier Factories Worldwide.” Bloomberg Technology. 11 Feb. 2015. Web. Accessed 11 Jan. 2017. 280 “Apple bans ‘bonded servitude’ for factory workers.” Technology. BBC News. 12 Feb. 2015. Web. Accessed 11 Jan. 2017. 274

10. “Supplier Responsibility 2016 Progress Report.” Apple. 30 Mar. 2016. Web. Accessed 11 Jan. 2017. 283 1, “Investigative Report on Quanta Shanghai Manufacturing City.” China Labor Watch. 7 Feb. 2014. Web. Accessed 25 Jan. 2017. 284 "Dominican Republic Minimum Wage Rate 2017." Minimum-Wage.org. N.p., n.d. Web. 06 June 2017. . 285 “Alta Gracia.” Sweatfree Communities. N.d. Web. Accessed 15 Feb. 2017. 286 Hensler, Ben. Interview with Johnna White and Sutapa Basu. 287 Greenhouse, Steven. “Factory Defies Sweatshop Label, but Can It Thrive?” The New York Times. 17 Jul. 2010. Web. Accessed 15 Feb. 2017. 288 Greenhouse, Steven. “Factory Defies Sweatshop Label, but Can It Thrive?” The New York Times. 17 Jul. 2010. Web. Accessed 15 Feb. 2017. 289 Northam, Jackie. “Can This Dominican Factory Pay Good Wages And Make a Profit?” NPR: Morning Edition. 20 Jun. 2013. Accessed 15 Feb. 2017. 281

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Greenhouse, Steven. “Factory Defies Sweatshop Label, but Can It Thrive?” The New York Times. 17 Jul. 2010. Web. Accessed 15 Feb. 2017. 291 1, Kine, John M and Soule, Edward. “Alta Gracia: Four Years and Counting.” Georgetown University, Reflective Engagement Initiative. August 2014. Web. Accessed 15 Feb. 2017. 292 Northam, Jackie. “Can This Dominican Factory Pay Good Wages And Make a Profit?” NPR: Morning Edition. 20 Jun. 2013. Accessed 15 Feb. 2017. 293 Greenhouse, Steven. “Factory Defies Sweatshop Label, but Can It Thrive?” The New York Times. 17 Jul. 2010. Web. Accessed 15 Feb. 2017. 294 Northam, Jackie. “Can This Dominican Factory Pay Good Wages And Make a Profit?” NPR: Morning Edition. 20 Jun. 2013. Accessed 15 Feb. 2017. 290

Dowling, Allie. “University of Washington – September’s Alta Gracia Bookstore Champion!” Alta Gracia Fair Trade. 10 Nov. 2012. Web. Accessed 15 Feb. 2017. 296 “Patagonia and Social Responsibility in the Supply Chain: A History.” Patagonia. N.d. Web. Accessed 11 Jan. 2017. 297 White, Gillian B. “All Your Clothes Are Made With Exploited Labor.” The Atlantic. 3 Jun. 2015. Web. Accessed 11 Jan. 2017. 298 “The Footprint Chronicles.” Patagonia. N.d. Web. 11 Jan. 2017. 299 “Patagonia and Social Responsibility in the Supply Chain: A History.” Patagonia. N.d. Web. Accessed 11 Jan. 2017. 300 White, Gillian B. “All Your Clothes Are Made With Exploited Labor.” The Atlantic. 3 Jun. 2015. Web. Accessed 11 Jan. 2017. 301 “Patagonia and Social Responsibility in the Supply Chain: A History.” Patagonia. N.d. Web. Accessed 11 Jan. 2017. 302 White, Gillian B. “All Your Clothes Are Made With Exploited Labor.” The Atlantic. 3 Jun. 2015. Web. Accessed 11 Jan. 2017. 303 Exec. Order No. 13627, 3 C.F.R. (2012). Print. 304 U.S. Small Business Administration. ”SBA’s Role in Government Contracting.” SBA. U.S. Small Business Administration. N.d. Web. Accessed 11 Jan. 2017. 305 Federal Acquisition Regulation, Combating Trafficking in Persons, 48 C.F.R. § 22.1700-1705. (2012).” 306 913, Bradbury, John G. “Human Trafficking and Government Contractor Liability: Is FAR 22.17 a Step in the Right Direction?” Public Contract Law Journal 37.4 (2008): Print. 295

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Federal Acquisition Regulation, Combating Trafficking in Persons, 48 C.F.R. § 22.1703. (2012).” 308 Funk, Markus T., Hartmann, Young. “Significant Questions Remain Regarding Application of Human Trafficking Rules for Federal Contractors.” The Bureau of National Affairs, Inc. Bloomberg BNA. Reproduced with permission from White Collar Crime Report, 10 WRC 799. 10 Feb. 2015. Web. Accessed 13 Jan. 2017. 309 Federal Acquisition Regulation, Combating Trafficking in Persons, 48 C.F.R. § 52.222-50. (2012).” 310 Misra, Neha. Interview with Johnna White. 6 Oct. 2016. 311 Plitsch, Jennifer, Burnette, Ryan, Wagner, Michael and Hastings, Alexander. “New Guidance on Contractor Risk Management Under the Human Trafficking Rule Released.” Inside Government Contracts: Procurement Law and Policy Insights. Covington & Burlington LLP. 14 Dec. 2016. Web. Accessed 12 Jan. 2017. 317 10-11. “Fair Food Program 2014 Annual Report.” Fair Food Standards Council. Coalition of Immokalee Workers. 2014. Web. Accessed 2 Feb. 2017. 318 10-11. “Fair Food Program 2014 Annual Report.” Fair Food Standards Council. Coalition of Immokalee Workers. 2014. Web. Accessed 2 Feb. 2017. 319 31-32. “Justice in the Fields: A Report on the Role of Farmworker Justice Certification and an Evaluation of the Effectiveness of Seven Labels.” Fair World Project. 2016. Web. Accessed 27 Jan. 2017. 320 “About the Fair Food Program.” Fair Food Program. N.d. Web. Accessed 11 Jan. 2017. 321 “Results.” Fair Food Program. N.d. Web. 11 Jan. 2017. 322 “About the Fair Food Program.” Fair Food Program. N.d. Web. Accessed 11 Jan. 2017. 323 “Fair Food Program: 2015 Annual Report.” Fair Food Standards Council. Coalition of Immokalee Workers. 2015. Web. Accessed 2 Feb. 2017. 324 Clarren, Rebecca. “The Invisible Ones.” Ms Maganize. Summer 2017. Web. Accessed 11 Jan. 2017. 325 Molina, Florencia. “A Survivor’s Voice for Change.” KnowTheChain. 17 Apr. 2014. Web. Accessed 11 Jan. 2017. 326 Clarren, Rebecca. “The Invisible Ones.” Ms Maganize. Summer 2017. Web. Accessed 11 Jan. 2017. 327 "Child Trafficking and Prostitution Wide-Spread in United States." CNN Larry King Live. CNN. 18 Oct. 2010. CNN News. Web. Accessed 11 Jan. 2017. . Transcript. 307

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Clarren, Rebecca. “The Invisible Ones.” Ms Maganize. Summer 2017. Web. Accessed 11 Jan. 2017. 329 "Local Hero: Florencia Molina." Local Heros. KCETLink. California, 24 Nov. 2014. KCETLink. Web. Accessed 11 Jan. 2017. . 330 Clarren, Rebecca. “The Invisible Ones.” Ms Maganize. Summer 2017. Web. Accessed 11 Jan. 2017. 331 "Local Hero: Florencia Molina." Local Heros. KCETLink. California, 24 Nov. 2014. KCETLink. Web. Accessed 11 Jan. 2017. . 332 Molina, Florencia. “I was enslaved for 40 days.” CNN Freedom Project Blog. CNN. 5 Apr. 2011. Web. Accessed 11 Jan. 2017. 333 Crary, David. “Human trafficking in U.S. an elusive target: unusual coalition trying to combat slavery in businesses, homes.” The Associated Press. NBC News. Los Angeles. 30 Oct. 2005. Web. Accessed 11 Jan. 2017. 334 The White House. Office of the Press Secretary. President Obama Announces More Key Administration Posts. The White House. 16 Dec. 2015. Web. Accessed 11 Jan. 2017. . 335 Harris, Kamala D. Attorney General. California Department of Justice. The California Transparency in Supply Chains Act: A Resource Guide. 13 Apr. 2015. Web. Accessed 30 Dec. 2016. 336 iii, Harris, Kamala D. Attorney General. California Department of Justice. The California Transparency in Supply Chains Act: A Resource Guide. 13 Apr. 2015. Web. Accessed 30 Dec. 2016. 337 Todres, Jonathan. “Legal glitch means trafficking transparency law isn’t so transparent.” CNN Freedom Project Blog. CNN. 16 Jun. 2015. Web. Accessed 11 Jan. 2017. 338 Advocates included Neha Misra, Stephanie Richards, and Jeremy Blasi. 339 5, “Five Years of the California Transparency in Supply Chains Act,” KnowTheChain. Insights brief. 30 Sep. 2015. Web. Accessed 9 Jan. 2017. 340 “Compliance is Not Enough: Best Practices in Responding to the California Transparency in Supply Chains Act.” Verité. Nov. 2011. Web. Accessed 11 Jan. 2017. 341 Harris, Kamala D. Attorney General. California Department of Justice. The California Transparency in Supply Chains Act: A Resource Guide.13 Apr. 2015. Web. Accessed 30 Dec. 2016. 342 Lanza, Vanessa. Interview with Dr. Sutapa Basu and Johnna White. 21 July 2016. 343 7, “Five Years of the California Transparency in Supply Chains Act.” KnowTheChain. Insights brief. 30 Sep. 2015. Web. Accessed 9 Jan. 2017. 344 7. “The California Transparency and Supply Chains Act: ATEST Comments and Suggestions on the California Attorney General’s Office’s Company Notification Letter and Resource Guide.” ATEST: Washington D.C. Issue Brief. 30 Sep. 2015. Web. Accessed 24 Jan. 2017. 328

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4.“The California Transparency and Supply Chains Act: ATEST Comments and Suggestions on the California Attorney General’s Office’s Company Notification Letter and Resource Guide.” ATEST: Washington D.C. Issue Brief. 30 Sep. 2015. Web. Accessed 24 Jan. 2017. 346 9. “Five Years of the California Transparency in Supply Chains Act,” KnowTheChain. Insights brief. 30 Sep. 2015. Web. Accessed 9 Jan. 2017. 347 12. “The California Transparency and Supply Chains Act: ATEST Comments and Suggestions on the California Attorney General’s Office’s Company Notification Letter and Resource Guide.” ATEST: Washington D.C. Issue Brief. 30 Sep. 2015. Web. Accessed 24 Jan. 2017. 348 4.“The California Transparency and Supply Chains Act: ATEST Comments and Suggestions on the California Attorney General’s Office’s Company Notification Letter and Resource Guide.” ATEST: Washington D.C. Issue Brief. 30 Sep. 2015. Web. Accessed 24 Jan. 2017. 349 Hernandez, Roger. California. AB 1897. “An act to add Section 2810.3 to the Labor Code, relating to private employment.” 28 Sep. 2014. Accessed 11 Jan. 2017 at 350 Hernandez, Roger. California. AB 1897. “An act to add Section 2810.3 to the Labor Code, relating to private employment.” 28 Sep. 2014. Accessed 11 Jan. 2017 at 351 Weil, David. United States. Department of Labor. Wage and Hour Division. Administrator's Interpretation No. 2016-1: Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. 20 Jan. 2016. Web. Accessed 30 Dec. 2016. 352 “Case Summary: Estofel S.A. (Guatemala).” Worker Rights Consortium: Washington, D.C. 1 Apr. 2009. Web. Accessed 11 Jan. 2017. 353 “History.” Worker Rights Consortium. Workersrights.org. 2007. Web. Accessed 9 Jan. 2017. 354 “WRC Affiliated Colleges and Universities.” Worker Rights Consortium. 1 Jul. 2016. Web. Accessed 12 Jan. 2017. 355 4, “Public Procurement and Human Rights Due Diligence to Achieve Respect for Labour Rights Standards in Electronics Factories: A Case Study of the Swedish County Councils and the Dell Computer Corporation.” Electronics Watch. Feb. 2016. Web. Accessed 2 Feb. 2017. 356 4, “Public Procurement and Human Rights Due Diligence to Achieve Respect for Labour Rights Standards in Electronics Factories: A Case Study of the Swedish County Councils and the Dell Computer Corporation.” Electronics Watch. Feb. 2016. Web. Accessed 2 Feb. 2017. 357 Claeson, Björn. Skype interview with Johnna White and Dr. Sutapa Basu. 23 Aug. 2016. 345

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Stracke, Sophie, Lendal, Nina, Johannisson, Frederick. “It Workers Still Pay the Price For Cheap Computers: Case study of labour conditions at 3 Dell suppliers in China.” DanWatch. Nov. 2013. Web. Accessed 2 Feb. 2017. 359 3, “Public Procurement and Human Rights Due Diligence to Achieve Respect for Labour Rights Standards in Electronics Factories: A Case Study of the Swedish County Councils and the Dell Computer Corporation.” Electronics Watch. Feb. 2016. Web. Accessed 2 Feb. 2017. 360 28, Stracke, Sophie, Lendal, Nina, Johannisson, Frederick. “IT Workers Still Pay the Price For Cheap Computers: Case study of labour conditions at 3 Dell suppliers in China.” DanWatch. Nov. 2013. Web. Accessed 2 Feb. 2017. 361 3, “Public Procurement and Human Rights Due Diligence to Achieve Respect for Labour Rights Standards in Electronics Factories: A Case Study of the Swedish County Councils and the Dell Computer Corporation.” Electronics Watch. Feb. 2016. Web. Accessed 2 Feb. 2017. 362 Schwenn, Kathy. Phone interview with Johnna White and Dr. Sutapa Basu. 28 Sep. 2016. 363 City of Madison, Wisconsin. “Creating Section 4.25 of the Madison General Ordinances relating to city procurement of items of apparel (sweatfree procurement policies).” File Number 01665. Madison, Wisconsin. 11 Oct. 2005. Web. Accessed 11 Jan. 2017 364 City of Madison, Wisconsin. “Creating Section 4.25 of the Madison General Ordinances relating to city procurement of items of apparel (sweatfree procurement policies).” File Number 01665. Madison, Wisconsin. 11 Oct. 2005. Web. Accessed 11 Jan. 2017 365 City of Madison, Wisconsin. “Creating Section 4.25 of the Madison General Ordinances relating to city procurement of items of apparel (sweatfree procurement policies).” File Number 01665. Madison, Wisconsin. 11 Oct. 2005. Web. Accessed 11 Jan. 2017 366 16, City of Madison, Wisconsin. Finance Department – Purchasing Services. “Uniform Management Program.” City of Madison, Wisconsin. 1 May 2014. Web. Accessed 11 Jan. 2017. 367 25, City of Madison, Wisconsin. Finance Department – Purchasing Services. “Uniform Management Program.” City of Madison, Wisconsin. 1 May 2014. Web. Accessed 11 Jan. 2017. 368 Schwenn, Kathy. Phone interview with Johnna White and Dr. Sutapa Basu. 28 Sep. 2016. 369 City of Madison, Wisconsin. Finance Department – Purchasing Services. “Uniform Management Program.” City of Madison, Wisconsin. 1 May 2014. Web. Accessed 11 Jan. 2017. 370 Schwenn, Kathy. Phone interview with Johnna White and Dr. Sutapa Basu. 28 Sep. 2016. 371 City of Los Angeles, California. “Ordinance #176291.” Los Angeles Administrative Code, Ch. 1, Div. 10, Art. 17. Adopted Nov. 9, 2004. Web. Accessed 11 Jan. 2017. . 372 City of Los Angeles, California. “City of Los Angeles, Contractor Code of Conduct.”Dec. 2004. Accessed 11 Jan. 2017 at . 358

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City of San Francisco, California. “San Francisco Sweatfree Procurement Advisory Group Annual Report 2013.” Sweatfree Procurement Advisory Group. 2013. Web. Accessed 11 Jan. 2017. 374 Worker Rights Consortium, City of Los Angeles. “Professional Services Agreement Between the City of Los Angeles, Department of General Services and Worker Rights Consortium for Independent Monitor to Enforce Sweatfree Ordinance.” Los Angeles, CA. 1-20. Web. Accessed 11 Jan. 2017. 375 Worker Rights Consortium, City of Los Angeles. “Professional Services Agreement Between the City of Los Angeles, Department of General Services and Worker Rights Consortium for Independent Monitor to Enforce Sweatfree Ordinance.” Los Angeles, CA. 1-20. Web. Accessed 11 Jan. 2017. www.sweatfree.org/policies/Sweatfree_Contractv2.10_Final.pdf and http://laborrights.org/sites/default/files/docs/Sweatfree_Contractv2.10_Final.pdf 376 Henning, Robert. Interview with Johnna White. 4 Nov. 2016. 377 Henning, Robert. Interview with Johnna White. 4 Nov. 2016. 378 2, 2016 Citizen’s Guide to the Washington State Budget. Senate Ways and Means Committee: Olympia. 2016. 379 7, 2016 Citizen’s Guide to the Washington State Budget. Senate Ways and Means Committee: Olympia. 2016. 380 7-8, 2016 Citizen’s Guide to the Washington State Budget. Senate Ways and Means Committee: Olympia. 2016. 381 Washington State Department of Enterprise Services. “Procurement Reform.” DES. WA Dept. of Enterprise Services. N.d. Web. Accessed 11 Jan. 2017. . 382 35, Washington State Department of Enterprise Services. “Module 1 Workbook.” WA Dept. of Enterprise Services. WA State Contract Management 101. 16 Mar. 2015. Web. Accessed 11 Nov. 2017. 383 Washington State Department of Enterprise Services. “Current Contracts.” DES. WA Dept. of Enterprise Services. N.d. Web. 11 Jan. 2017. . 384 Riley, Becci. "Your Request Regarding Washington Procurement Policy." Message to the author. 17 Nov. 2016. E-mail. DES Master Contract Data – UWdata 385 Riley, Becci. "Your Request Regarding Washington Procurement Policy." Message to the author. 29 Nov. 2016. E-mail. DES Master Contract Data– Sales Report 386 386 Riley, Becci. "Your Request Regarding Washington Procurement Policy." Message to the author. 17 Nov. 2016. E-mail. DES Master Contract Data – UWdata 387 Riley, Rebecca R., Christine Warnock, Scott Smith, Keith Kawamura, and Melanie Buechel. Telephone interview with Johnna White and Dr. Sutapa Basu. 29 June 2016. 388 City of Seattle, Washington. “2010 City Council Budget Action, Review Draft: Tab 119, Action 1, Option A, Version 1 - Requesting that DEA develop and implement a policy for procuring uniforms for City employees that ensure they are manufactured using fair labor standards.” 2010. Web. Accessed 11 Jan. 2017. 389 Policy #50, SWEATFREE PROCUREMENT. City of Seattle. 28 June 2010. 390 Seattle, Washington. Municipal Code § 20.60.106. 373

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2010 City Council Budget Action, “Request that DEA develop and implement a policy for procuring uniforms for City employees that ensures they are manufactured using fair labor standards.” 392 Locke, Nancy. Interview with Johnna White. 21 Sep. 2016. 393 Locke, Nancy. Interview with Johnna White. 21 Sep. 2016. 394 City of Olympia, Washington. “Resolution No. M-1545.” 9 Mar. 2004. Web. Accessed 13 Jan. 2017. 395 4, Cody City Handbook, MRSC. June 2009. Web. Accessed 2 Feb. 2017. 396 “Model Code of Conduct.” Worker Rights Consortium. Web. Accessed 13 Feb. 2017. 397 “Model Sweatfree Procurement Policy.” BuySweatfree.org. Sweatfree Purchasing Consortium. N.d. Web. Accessed 13 Feb. 2017. 398 Hensler, Ben. Interview with Johnna White and Dr. Sutapa Basu. 29 Jul. 2016. 399 2, “Steps Towards a Living Wage in Global Supply Chains.” Oxfam Issue Briefing. OXFAM. Dec. 2014. Web. Accessed 8 Feb. 2017. 400 Spach, Christina and Oliva, Jose. Interview with Johnna White and Dr. Sutapa Basu. 11 Oct. 2016. 401 Hensler, Ben. Interview with Johnna White and Dr. Sutapa Basu. 402 Schmitt, Andrea. Interview with Johnna White and Dr. Sutapa Basu. 29 Nov. 2016. 403 Columbia Legal Services. PROTECTING VULNERABLE WORKERS Updating the Farm Labor Contractors Act (FLCA). Seattle: Columbia Legal Services, 2009. Print. 404 Schmitt, Andrea. "FLCA summary 2009." Message to the author. 02 Dec. 2016. E-mail. 405 Yang, Sophorn. 05 Apr. 2017. Meeting with City of Seattle Purchasing and Contracting Services and community advocates. 406 245, Bonacich, Edna, and Jake B. Wilson. Getting the Goods: Ports, Labor, and the Logistics Revolution. 1st ed., Cornell University Press, 2008. 407 19 U.S. Code Chapter 4 – TARIFF ACT OF 1930. Accessed 408 Quan, Katie. Interview with Johnna White and Dr. Sutapa Basu. 29 Jul. 2016. 409 Foxvog, Liana. Interview with Johnna White and Dr. Sutapa Basu. 3 Oct. 2016. 410 Bonacich, Edna. Interview with Johnna White and Dr. Sutapa Basu. 26 Aug. 2016. 391

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Metropolitan King County Council Health, Housing and Human Services Committee STAFF REPORT Agenda Item:

6

Name:

Clifton Curry

Proposed No.:

2017-0365

Date:

September 19, 2017

SUBJECT A MOTION to approve the King County Labor Trafficking Report on how the county can effectively address the systemic nature of labor trafficking and economic exploitation in King County, as required by the 2017-2018 Biennial Budget Ordinance, Ordinance 18409, Section 20, Proviso P1. SUMMARY This Proposed Motion would approve the attached King County Labor Trafficking Report as required by proviso. The proviso required that the Executive report on the scope of labor trafficking and exploitation in King County, identify legal requirements, describe best practices for reducing labor trafficking, helping victims, and increasing awareness. In addition, the proviso asked that the Executive make recommendations on how the County could change its business and procurement methods to reduce labor exploitation. The Executive engaged consultants to work with regional stakeholders to complete the proviso response. The resulting report was transmitted on August 30, 2017. The report addresses the proviso requirements and makes extensive recommendations to reduce the impact of labor trafficking in the County and to improve services for survivors. BACKGROUND King County is the 13th largest county in the United States. 1 The county’s rapid population growth is in part attributed to first-generation immigrants from around the world, pursuing economic opportunities and better lives for themselves and their families. Because of its maritime ports, marinas, airports, I-5 and I-90 freeways, King County and Washington State have been the economic hub for the State and very much involved with foreign trade, especially with Asia. According to the Economic Development Council of King County and Seattle, Washington ranks first in the U.S. for exports and imports per capita and approximately 8.7 percent of the state’s private

1

U.S. Census Bureau, 2016 http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=PEP_2016_PEPANNR ES&src=pt

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sector jobs are directly related to foreign trade, helped in part because the region is located equidistant between Asia and Europe. For these reasons, Washington is considered to be a “hot spot” in an international human trafficking circuit between the United States, Mexico, Hawaii, Japan, Thailand and the Philippines. According to the Federal Bureau of Investigation, human trafficking is the world’s second-largest and fastest-growing black market. 2 Victims of human trafficking include children who are involved into commercial sex trade, adults age eighteen or over who are coerced or deceived into commercial sex acts, and anyone forced into different forms of "labor or services," such as domestic workers held in a home, or farm workers forced to labor against their will. Human trafficking is a crime under federal law. 3 Human traffickers lure and ensnare individuals into labor trafficking and sex trafficking situations using methods of control such as force, fraud or coercion. Washington State Law defines "human trafficking" or "trafficking" as an act conducted for the purpose of exploitation, including forced labor, by particular means, for example, threat of use of force or other forms of coercion, abduction, fraud or deception, abuse of power, or abuse of position of vulnerability. Washington State has been described as a focal point for the recruitment, transportation and sale of people for labor, due in part to its abundance of ports, proximity to an international border, vast rural areas and dependency on agricultural workers. The Trafficking Victims Protection Act (TVPA) of 2000 was the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. Its four subsequent reauthorizations define forms of trafficking in persons, also known as human trafficking, specifically in two areas: labor trafficking and sex trafficking. In 2003, the State of Washington enacted Chapter 267, Laws of 2003 (House Bill 1175), which made human trafficking a crime on the state level for the first time in history. In 2012, the state adopted twelve human trafficking bills, making Washington State a model for comprehensive anti-human trafficking laws. On March 10, 2016, Washington broadened the law by Senate Bill 5342 (Chapter 4, 2016 Laws), which expanded the definition of labor trafficking. Of particular note, “forced labor” is now defined as all work or service (whether legal or not) that is demanded from a person under the menace of any penalty, such as threats, violence, withholding of identity documents, and illegal deduction of wages and to which the person has not offered himself or herself voluntarily. King County has actively sought to address human trafficking. The Prosecuting Attorney’s Office (PAO) works collaboratively across the region with law enforcement and other organizations to bring a coordinated response and attention to human trafficking, especially as it relates to commercial sexual exploitation. PAO attorneys also participate on a number of task forces and groups. In addition, the King County Sheriff’s Office Street Crimes Unit has made the reduction of child sexual exploitation a major emphasis and works throughout the county, but especially in the southern part of the

2 3

http://leb.fbi.gov/2011/march/human-sex-trafficking. Trafficking Victims Protection Act of 2000; Trafficking Victims Protection Reauthorization Act 2003, 2005, 2008.

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county, targeting prostitution and pimps. As part of its efforts, deputies have gone beyond enforcement efforts to develop other means to reduce child exploitation. The Council has initiated and supported countywide policies and activities aimed at addressing human trafficking. In 2011, King County recognized the link between runaway and vulnerable youth and transit by designating King County Metro buses as a National Safe Place partner. National Safe Place is an outreach program designed to provide access to immediate help and safety for all youth in crisis. Locally, Safe Place is a community initiative that designates schools, fire stations, libraries and transit as Safe Place sites where youth can access help and supportive resources. Safe Place locations provide access to the local youth service agency or shelter to support teens in crisis situations, creating a safety net for youth. Drivers receive training as well. In 2012, with Motion 13694, the King County Council called for the Executive and Metro to develop an anti-human trafficking transit public awareness campaign. As directed by the motion, the Executive brought together an interdepartmental team to research and develop the Metro campaign. King County’s efforts were multiplied through private sector media partnerships with Clear Channel and Titan, and with the City of Seattle which strategically placed billboards along roads in certain locations across the county. The Council called for the public awareness campaign recognizing that one of the first key steps toward fighting any crime is helping communities become aware of it and to organize locally driven actions and education to prevent the crime from occurring 4. In 2013, the Council also adopted two human trafficking related provisos placed in the Sheriff’s Office and Public Health budgets respectively. The reports called for by the Council’s provisos established a comprehensive roadmap for the County in its efforts to end human trafficking and commercial sexual exploitation in the region. In addition, King County Superior Court, in partnership with the Center for Children and Youth Justice (CCYJ), has developed plans and programs to address commercially sexually exploited children. The King County Commercially Sexually Exploited Children (CSEC) Task Force was convened on April 18, 2013 to develop and implement a coordinated, countywide response to childhood prostitution. King County was one of five sites statewide awarded training and technical assistance from CCYJ to implement “model protocols” to serve this population. The task force is comprised of representatives from law enforcement, schools, survivors, child welfare, and community services providers. Superior Court, the Prosecutor, the Department of Community and Human Services, Public Health, the Department of Adult and Juvenile Detention, and the Sherriff’s Office and many other organizations outside of King County government are participating. This group continues to meet. Finally, faith communities, nonprofit agencies, and recently, the private sector have been working together to respond to human trafficking. For example, Businesses Ending Slavery and Trafficking 5 (BEST) works with businesses to adopt and implement anti‐trafficking policies in business. In 2014, BEST piloted a program in King County involving hoteliers in human trafficking prevention. The pilot program had over 100 attendees at our first training, including 71 hotel owners and managers. BEST reports 4 5

Washington State Task Force Against the Trafficking of Persons Report, pg. 7. http://www.bestalliance.org/

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that 94 percent of the managers who’d never provided training for their staff said that they would begin providing training for their staff to identify and prevent human trafficking. BEST is now replicating this project in four other counties in Washington. The Washington Anti-Trafficking Response Network (WARN) 6 also provides direct assistance to victims of trafficking. It is a coalition of organizations in Washington State working together to serve victims of trafficking and increase victim identification and comprised of the following organizations: • • • • • •

International Rescue Committee – Seattle API Chaya Refugee Women’s Alliance YouthCare Lutheran Community Services Northwest – Spokane Project - Yakima

Nevertheless, although there have been extensive studies and efforts to assess the issue of human sex trafficking, commercial sexual exploitation, and commercial sexual exploitation of children in Washington State and King County, very little is known about the issue of human labor trafficking and exploitation in this region. Furthermore, the impact of King County’s economy, commercial exchanges, and even procurement policies have not been evaluated in relation to the issues of labor trafficking and economic exploitation of domestic and international workers. Recognizing the need to further develop information about the scope of labor trafficking in King County, the Council added the following proviso in the 2017-18 Adopted Budget: Of this appropriation, $100,000 shall not be expended or encumbered until the executive transmits a report and a workplan on options to assess and address the systemic issue of labor trafficking and economic exploitation in King County, and a motion that should approve the report and the motion is passed by the council. The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion. The office of equity and social justice may convene a work group of representatives from departments within the executive branch, the prosecuting attorney's office, the sheriff's office and council staff, as well as of local governments, community organizations and advocacy groups in the preparation of this report and work plan. The report and workplan shall include, but not be limited to: A. A list of the governmental and other local agencies that currently interact with the potential victims of labor trafficking and exploitation; B. An analysis of the federal, state and local laws and regulations related to labor trafficking, labor standards, procurement standards, purchasing standards, ethical sourcing and supply chain management; 6

http://warn-trafficking.org/

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C. Identification of existing local, county, regional, national and international best practices for reducing labor trafficking and economic exploitation, helping victims and survivors and increasing awareness of labor trafficking and economic exploitation; D. A review of current county standards and practices in purchasing, procurement, contracting and supply chain management that may leave workers vulnerable to labor trafficking and economic exploitation; E. Recommendations on the kind of study that should be conducted to determine the extent, scope and forms of labor trafficking and economic exploitation in the county, where they occur, the at-risk populations and the nations of origin of the individuals experiencing labor trafficking and economic exploitation, and recommendations on how best practices can be implemented in county and regional procurement for ethical sourcing that protects workers and ensures transactions are made through clean supply chains; F. Recommendations on what can be done to support the delivery of services to victims and survivors of labor trafficking and economic exploitation, to educate businesses on current domestic and international labor laws and workers of their rights and to increase community awareness of labor trafficking and economic exploitation; G. Recommendations on the scope and types of governmental and community organizations that should participate in the recommended study; and H. Analysis of the scope, schedule, costs and potential funding strategies for the completion of the recommended study. The executive may consider other local, state regional and federal antitrafficking efforts for the purpose of avoiding duplication of efforts, as well as groups formed by community-based organizations, service providers, antitrafficking coalitions, task forces or work groups and faithbased organizations, or any combination thereof. The executive shall file the report and motion required by this proviso by September 1, 2017, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for health and human services committee, or its successor. According to the Executive, the county engaged external consultants Margaret McClung and Deborah Espinosa from May through July, 2017, to conduct a study intended to establish a baseline for understanding the nature and scope of labor trafficking in King County and develop recommendations on how County government can effectively eradicate it. The consultants completed interviews with advocacy and assistance organizations, community partners, and federal, state and city representatives as well as representatives from the King County Finance and Business Operations Division, Human Resources Division, Prosecuting Attorney's Office, Sheriff's Office, King County Council, and King County Executive’s Office. In addition, the Office of Equity and Social

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Justice convened a work group of subject matter experts to review and verify initial findings prior to completion of the final report. The executive transmitted the required report entitled “King County Labor Trafficking Report” on August 30, 2017. ANALYSIS Proposed Motion 2017-0365 would approve the report “King County Labor Trafficking Report” for the budget proviso requirements. As required by the proviso, the report identifies governmental and other local agencies that work with individuals who are potential victims of labor trafficking and exploitation. Additionally, the report attempts to describe the scope and nature of labor trafficking in the King County Region. The consultants do note, however, that “labor trafficking is, by nature, a hidden crime which makes quantifying the scope of the problem in the region challenging. ln addition, there is no consolidated source of information on the prevalence of labor trafficking in the United States (nor for the State of Washington and its counties and cities).” The consultants do attempt to quantify the extent of trafficking in the County using available data sources. The consultants do recommend further work in this area to provide better estimates of the scope of labor trafficking and exploitation in King County. The report also identifies federal, state and local laws related to labor trafficking; along with requirements and standards related to procurement, contracting, and supply chain management that can affect labor trafficking. As part of this review, the consultants make several detailed recommendations for state legislative changes. The report also contains the required best practices review for services for survivors, business and procurement practices, and for law enforcement. And, as required by the proviso, recommendations for creating a dedicated labor trafficking task force. In addressing the proviso requirements, the consultant’s identify a significant number of recommendations; many of which would require Executive and Council action to implement. The recommendations are arranged in sections throughout the report including: •





Services for survivors, including-o support for immigration related barriers to benefits, o shelter and housing access, o employment-related services, and o increasing labor trafficking survivor awareness; King County roles in responding to labor trafficking, including-o the County’s role as an employer, o in its business practices and operations, o using its regulatory authority, and o law enforcement. State law changes.

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The report also contains a prioritization of the consultant’s recommendations. The consultants grouped recommendations as “High Priority,” “Mid Priorities,” and “Lower Priorities.” The report explains that the “rationale for defining high priorities included consideration of the urgent service needs to address the health and safety of survivors, the need to raise awareness among County employees and the general public, work the County can do internally to address labor trafficking issues in its own operations, and steps the County will need to take to set the stage for longer-term engagement on labor trafficking. Mid and lower priorities, while still important, are steps the County can take to build on this work over time.” The consultants do note that their report has certain limitations. The authors explain that “the broad scope of work for the study, combined with the limited amount of time to complete the work, required a high-level (rather than in-depth) approach to the study. As such, the study should not be considered to be exhaustive or comprehensive in its analysis and recommendations.” Nevertheless, the report appears to provide information required by the budget proviso and also includes extensive and reasonable recommendations to that could reduce the impact labor trafficking and exploitation in the region. Consequently, this report appears to meet the requirements of the proviso. INVITED: • •

Margaret McClung and Deborah Espinosa, Report Consultants Ericka Cox, Inclusion Manager, Office of Equity and Social Justice

ATTACHMENTS: 1. Proposed Motion 2017-0365, with Attachments. 2. PowerPoint Presentation, “King County Labor Trafficking Report,” Margaret McClung and Deborah Espinosa, September 19, 2017.

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ATTACHMENT 1

KING COUNTY Signature Report September 15, 2017

1200 King County Courthouse 516 Third Avenue Seattle, WA 98104

Motion Proposed No. 2017-0365.1

Sponsors Kohl-Welles

1

A MOTION to approve the King County Labor Trafficking

2

Report on how the county can effectively address the

3

systemic nature of labor trafficking and economic

4

exploitation in King County, as required by the 2017-2018

5

Biennial Budget Ordinance, Ordinance 18409, Section 20,

6

Proviso P1.

7 8 9

WHEREAS, the 2017-2018 Biennial Budget Ordinance, Ordinance 18409, Section 20, Proviso P1, was enacted November 17, 2016, and WHEREAS, the ordinance requires that the, "executive transmits a report and a

10

workplan on options to assess and address the systemic issue of labor trafficking and

11

economic exploitation in King County";

12

NOW, THEREFORE, BE IT MOVED by the Council of King County:

1

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Motion

13 14

The King County Labor Trafficking Report, which is the response to Ordinance 18409, Section 20, Proviso P1, Attachment A to this motion, is hereby approved.

15

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

________________________________________ J. Joseph McDermott, Chair ATTEST:

________________________________________ Melani Pedroza, Clerk of the Council

APPROVED this _____ day of _______________, ______.

________________________________________ Dow Constantine, County Executive

Attachments: A. King County Labor Trafficking Report - July 2017

2

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A*ah,na+W King County Labor Trafficking Report Margaret McClung and Deborah Espinosa July 2O!7

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l.

lntroduction

ln response to a proviso in King County's 2017-18 Adopted Budget, stafffrom the Office of Equity and Social Justice contracted consultants to conduct a study of labor trafficking and economic exploitation in the region, and prepare a report with recommendations for the County to address these issues. See Appendix A for the Scope of Work. The County has engaged in successful human trafficking efforts related to sexual exploitation, but has not yet worked extensively on issues of human labor trafficking and economic exploitation. This report was commissioned to provide the County with information on the scope and nature of labor trafficking in the region, a legal analysis, and recommendations for effective actions the County can take to: increase awareness of the issue; improve trafficking prevention, protection, and prosecution, as well as services for labor trafficking survivors; and ensure that the County's business operations are not contributing to labor trafficking and economic exploitation.

A.

General Overview of Labor Trafficking

Labor trafficking (also commonly referred to as forced labor or modern slavery) is one form of human trafficking, and is a criminal offense under federal law and the laws of the State of Washington. Under the federal Trafficking Victims Protection Reauthorization Act, labor trafficking is the "recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery." 22 USC I 7102. Washington State's trafficking statute similarly defines labor trafficking, with some variation. See Appendix B for a legal analysis, including details on labor traffickingrelated definitions in Washington State law. Labor trafficking involves compelled labor through force, fraud, or coercion and does "Trollrcktnq /, lJer-(o/ls rs or-t tnsult to hurnan diqnity and an assoult not require the transportl of a person on ireedon: ,4/hether \\/e cre ialktng about the sole of women and from one place to another. Federal law (htidter, bl/ t(\ottsts !n ihe Mtcidle East, the sex traffrcking ot' qirls and Washington law both segment the tured lron th?tt hotnes tr, Centrol Europe, the explottation ol lornt offense of trafficking to provide different i4rpr(pr',s rr ,\'arlh Aner,co. or the enstovement of f ishermen in definitions for sex trafficking and labor Southeosl A_(/o, lhe ,,tctims of thts crtme eoch l'tave o name. And trafficking, but many service providers !hey eccr) ncve been robbe:d o.f their ntost bosic human rights... consider sex work to be a form of labor, and believe that distinguishing one from qovetnne.ts hat,e o spe Cto: responsibiiitv to enforce the rule Ol law, another can obscure survivor experiences shc)!e tntotmctlior,.. rnt,ir,sl rr. rudtcroi te5ources, and espouse polictes of both forms of trafficking (it is not thct urae re\pect iot ihe , tehts or.td dignity o.f every human being." uncommon for them to overlap). -Former Secretary of State John Kerry, Trafficking in persons Report 2012

The lnternational Labour Organization (lLO)estimates that nearly 21 million people globally are victims of human

1

Human smuggling is distinct from, but can overlap with, human trafficking. There have been a number of high-profile instances of human smuggling resulting in death, including a container ship smuggling Chinese nationals through the port of Seattle, and a truck trailer parked in a Walmart parking lot in Texas smuggling in Mexican nationals. Some, though not all, foreign nationals smuggled through ports and across land borders may be destined for labor trafficking situations.

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trafficking, of which about L4.2 million are victims of forced labor not involving sexual exploitation.2 The ILO also reports that human trafficking generates an estimated 5150 billion per year in illegal profits globally,3 making it a highly profitable criminal enterprise. Labor trafficking victims can be US citizens, though most are foreign nationals who arrive to the US on a temporary non-immigrant work visa. There are push- and pull-factors for foreign nationals falling prey to labor trafficking. Oftentimes, labor trafficking survivors face dire economic situations and few options in

their home countries, which make the promise of lucrative work in the United States and a brighter future for their families a compelling draw. However, when victims arrive in the US they may find themselves in exploitative situations where they face force, fraud and/or coercion at the hands of their recruiters or employers. For instance, workers may find that they owe large, previously undisclosed debts to recruiters or employers; that their pay is lower than agreed or being partially or completely withheld to service debts; that their passport and other official documents have been confiscated; that their movement, communication, and food intake are being monitored, restricted, or otherwise controlled; or that they face threats of deportation or physical harm to themselves or their families if they try to escape or report exploitation. ln the United States, labor trafficking has been found to be prevalent in a variety of sectors with high demand for cheap labor, including "domestic work, agriculture, restaurants, hospitality and

construction."a By its nature, labor trafficking is a hidden crime, which makes identification of victims difficult, and

complicates efforts to improve outreach and services to victims. lt also makes it challenging for law enforcement to proactively investigate labor trafficking (most rely on referrals rather than sting or similar operations) and effectively prosecute perpetrators. King County's Equity and Social Justice Strategic Plan commits the County to focusing "...on those people and places where needs are greatest to ensure that our decisions, policies and practices produce gains

for all."s Labor trafficking victims, often among our community's most vulnerable populations, endure extreme human rights abuses that curtail freedom, trample dignity, and result in mental and physical trauma that leave survivors vulnerable to further exploitation and abuse. The County should prioritize funding and interventions for labor trafficking survivors to give survivors an opportunity to recover and achieve their full potential.

B.

State and County Trafficking Responses

Since 2002, Washington State has led the way in legislative efforts to combat human trafficking, becoming the first state in the country to criminalize human trafficking. The State has since passed a significant number of additional human trafficking-related laws. (See Appendix C for a list of Washington

State trafficking legislation, compiled by Councilmember Jeanne Kohl-Welles.) King County has been a leader in the effort to end human trafficking, particularly sex trafficking. The County established a Commercially Sexually Exploited Children ("CSEC") Task Force to "help ensure the

2

lnternational Labour Organization, tLO 2072 Gtobot Estimote of Forced Labour Executive Summary (20121. lnternational Labour Organization, Profits ond Poverty: The Economics of Forced Lobour (zOlal. a Urban lnstitute, Understanding the Organizotion, Operation, ond Victimizotion Process of Lobor Trofficking in the United 3

Stotes l2O14l. s King County Equity and SocialJustice Strategic Plan2OL6-2022.

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safety of young people who are survivors of sexual exploitation" as well as a Sex Trofficking ond Buying SexualServices Policy. The King County Prosecutors Office established a "Buyer Beware" program with the Organization of Prostitution Survivors. King County also works with service providers and advocates. The County worked to raise public awareness and prevent human trafficking through the "Help Stop Human Trafficking" campaign which included billboards on Metro buses that provided information on how to contact agencies that assist individuals to escape trafficking. More recently, a draft ordinance was considered that would have established a task force on labor trafficking, the County Council declared the month of January as Human Trafficking Awareness Month, and funding for this report was allocated in a budget proviso in the 2017-18 budget. The County's focus on combatting human trafficking supports the County-wide Equity and Social Justice agenda. Human trafficking is an extreme human rights violation that is perpetrated against vulnerable members of our communities. Taking steps to address the problem is an important means of tackling root causes of inequities and improving community health and welfare. The County is considering building on and expanding its anti-trafficking efforts by dedicating resources though the Veterans, Seniors, and Human Services Levy, scheduled for a renewal vote on the November 2017 ballot. This report is intended to help inform the County's future efforts related to labor trafficking and economic exploitation.

ll.

Study Methodology and Limitations

A.

Methodology

The consulting team of Margaret McClung and Deborah Espinosa was contracted to conduct a study beginning on May t,2Ol7 and produce the final draft report by July 37,2077, working closely with a County project team made up of Executive and Council staff. The consultants used a combination of independent desk research, interviews, and a work group meeting to better understand labor trafficking in the County, and to develop and validate the findings and recommendations presented in this report. The consultants began desk research the first week of May 2077lo perform a literature review on labor trafficking, and to inform the development of tailored interview questions for different types of

interviewees. ln consultation with the County project team, the consultants developed a list of people to interview, and using the tailored questions, began interviews in mid-May. Consultants interviewed 22 people in May and June, including County employees, subject matter experts from academia and nonprofit organizations, local labor trafficking-focused law enforcement and prosecutors, and a representative of a labor trafficking task force from Alameda County, California. See Appendix D for a list of people

interviewed. ln late June the County project team convened a work group of subject matter experts, County staff, and Councilmember Kohl-Welles to review and discuss the team's preliminary findings and recommendations. The work group was comprised of a subset of people interviewed for the study (Appendix D also notes work group participants). Following the work group meeting the consultants incorporated feedback received and finalized the draft report in consultation with the County project team.

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B.

Limitations

The broad scope of work for the study, combined with the limited amount of time to complete the work, required a high-level (rather than in-depth) approach to the study. As such, the study should not be considered to be exhaustive or comprehensive in its analysis and recommendations. ln addition, the information in this report is for informational purposes only and does not constitute legal advice. Consultants also had limited time for interviews, and did not interview or consult with any labor trafficking survivors or judges in the course of this study. This may have resulted in the omission important perspectives on labor trafficking in the County.

of

Finally, although representatives from King County with expertise in procurement, law enforcement and prosecution were invited to the work group meeting, they were unable to attend. Therefore, although consultants interviewed County representatives from these areas in the course of the study, these representatives were not engaged in the work group discussion to review and validate the findings and

recommendations in this report.s

lll.

Findings and Related Recommendations

A,

Scope and Nature of Labor Trafficking in Region

1.

Prevalence

Labortrafficking is, by nature, a hidden crime which makes quantifying the scope of the problem in the region challenging. ln addition, there is no consolidated source of information on the prevalence of labor trafficking in the United States (nor for the State of Washington and its counties and cities). Given the lack of available data, there are a few possible approaches to quantifying the scope of labor trafficking,T each with its own challenges and limitations. lnvestigations - interview information indicates that the state's sole investigatory team dedicated to labor trafficking (staffed by Seattle Police Department and the Department of Homeland Security lnvestigations) typically opens 10-15 new cases each quarter. The team's current caseload involves 11 labor trafficking investigations and 5 additional labor-related referrals that may develop into investigatio ns.8

6

However, these representatives did receive a copy of preliminary findings and recommendations when invited to the work group meeting. 7 ln addition to the approaches noted here, consultants attempted to track down two other potentially relevant data points. One was information on the number of federal criminal cases involving labor trafficking in Washington state that were resolved under non-trafficking related charges, but this data is not available through the publicly accessible court records database. The other was the number of T visa applications submitted and/or T visas issued in Washington. Unfortunately, the United States Citizenship and lmmigration Services (USCIS) does not provide state-level information to the public. Consultants conferred with Robert Beiser of Seattle Against Slavery on estimates for Washington State he has previously provided to state legislators, but that information did not yield useful estimates pointing specifically at labor trafficking survivors. 8 lnformation on the current labor trafficking caseload was provided by the Seattle Police Department's WashACT Program Advisor via email 7 /L2117

.

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Criminal Prosecutions - very few labor trafficking cases (3 cases over the past 10 years)s have been charged and prosecuted as trafficking offenses in the state, and all ofthem have been pursued as federal prosecutions through the US Attorney's Office. However, there are likely many more federal cases involving labor trafficking that have been resolved under non-trafficking charges in Washington state (for instance, harboring an alien, domestic violence or other charges may be a preferred route to securing a conviction for a variety of reasons). Civil Cases - only one civil case involving allegations of labor trafficking has been heard in Washington courts. The case involved three Chilean men recruited for sheep herding work in Eastern Washington. The case (Ruiz v. Fernandez) was settled in October 2013.10 Clients of Service Providerc - the Washington Anti-Trafficking Response Network (WARN), which is the primary service provider receiving referrals for labor trafficking survivors in Washington State, indicates that they typically intake 15-20 new trafficking suryivors per quarter, of which labor trafficking survivors are the majority (75o/ol. This means they are receiving roughly 50 new labor trafficking survivors per year.11 WARN noted that intake rates of trafficking survivors doubled in the first quarter of 2O17, which may be attributed to an increased number of trafficking survivors being identified among the population in the federal Northwest Detention Center in Tacoma (many of whom were trafficked elsewhere). However, each of these sources likely underestimates the true scope of labor trafficking given that there are significant barriers to survivors being identified, and cases being investigated and prosecuted.

2.

Where and How Labor Trafficking Occurs

Labor trafficking happens in a variety of sectors in the region, and perpetrators use different means of recruiting and controlling victims. Labor trafficking survivors are predominantly foreign nationals, and many of them arrive to the United States on a temporary nonimmigrant worker visa12 after receiving a job offer from a recruiter, family member, or acquaintance in their home country. Most trafficking survivors enter into employment agreements hoping for better opportunities for themselves and their families, but may find that they owe significant undisclosed fees to recruiters or traffickers for the cost of transport, visa, housing and food, among other things. Labor trafficking survivors in Washington State have come from many countries, particularly Mexico, the

Philippines, Honduras, Thailand, and lndial3 (see Figure 1 for additional country data). Service providers noted that there is an increasing trend of survivors trafficked over the southern US border from Mexico and ending up in the federal Northwest Detention Center. ln addition, service providers indicated they suspect there may be as-yet unreported labor trafficking survivors in Native American and homeless youth populations. Outreach is just beginning with these populations, and it will take time for trafficking-focused community organizations to establish trust and uncover issues.

e

lnformation on the number of federal criminal cases prosecuted in Washin6on under labor trafficking charges was provided in an interview with the US Attorney's Office, Western District of Washington and confirmed through emailed data provided by The Human Trafficking Pro Bono Legal Center (HT Pro Bono). HT Pro Bono maintains a database of federal trafficking cases. 10

lnformation on this civil case was provided by email by HT Pro Bono, which also maintains a database of civil cases related to human trafflcking. 11 Since WARN began its trafficking work in 2004, they have served 137 labortrafficking survivors. They noted thattheir intake has increased year by year. 12 Several of the most common temporary nonimmigrant visa types issued (including H24 and H2B visas) tie workers to a particular employer, which can make workers feel trapped and unable to escape exploitative or abusive circumstances. 13 Data on countries of origin of labor trafficking survivors provided by email by WARN.

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Figure 1. Top countries of origin for labor trofficking survivors served by WARN (2004

Country of

Origin

Mexico Philippines Honduras Thailand lndia Ethiopia Guatemala China Kenya

-

2016)

Number of Labor Trafficking Survivors 38 13 9 8 7 6 6 5 5

Traffickers may use a number of means of control to keep victims from escaping or seeking help, including confiscating documents (passports, visas, etc.), threats of arrest or deportation once theirvisa expires, surveillance and control of movement and communications, physical isolation and confinement, withholding food and wages, and threats against victims and their families (traffickers may have influence and networks in the victim's home country). Prevalent sectors in the area (based on information from interviews, work group input, and review of available data on Washington State trafficking hotline calls) include:

o o o o o o r o o o . o . r o o

Domestic servitude (in-home domestic work and elder and child care) Restaurants

ln-home health care NursinB facilities Adult and child care facilities Cleaning services

Factories/manufacturing, and food processing plants Landscaping

Construction,painting Hospitality (hotels, motels, etc.), primarily housekeeping Drug smuggling and distribution Nail salons Massage parlors ln-home businesses (small home-based textile business) Begging/panhandling Horticultural nurseries, agriculture and animal husbandry (the extent to which trafficking in these sectors is happening within King County is as-yet unclear, but the Northwest Justice Project's Farmworker Unit is planning to do outreach to farms in Kent, and the work group indicated there are investigations of nurseries underway in King County)'

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Recommendotion; Consider further research into labor trafficking within King County similar to a study conducted in San Diego County trying to develop credible estimates of the scope of labor trafficking amongst the unauthorized Spanish speaking migrant population in the County (including data collection on country of origin; forms of force, fraud or coercion; and industries). Study findings indicated that nearly one third of the unauthorized Spanish speaking migrant laborers in the County (predominantly from Mexico) had experienced an incident that meets the federal definition of labor trafficking, though few had reported.la While the San Diego study methodology holds some promise for developing better estimates of the prevalence of labor trafficking and exploitation, this kind of study approach would not capture information about domestic servitude and other more hidden forms of labor trafficking, and would thus still provide only a partial picture of the extent of tra in the area.

B.

Service Landscape for Survivors

Labor trafficking survivors may be connected to services prior to or during escape, though many are identified and connected to services years after their trafficking ended. The service needs of survivors vary greatly depending on their circumstances.

1.

Survivor Needs

Trafficking survivors typically need intensive case management, emergency shelter and long-term t,,|i,r ita:i,a\ t.:a ar{ a\.pa\ea ro Set,efe housing, cash and food assistance, employment fr ,- :,-{ , t11;ii1i11,1t5 (/lt]C1rC4s ,/\/f Cn A and job readiness/placement, education, legal, and physical and mental health services. Housing tends \c,'r Ir,r r..i.(;!f'(, ilre 'la trdLrCr/ ,rp6,65 tA rglpts,p A rOnge O.i (f tr it t i,^ 'ta'r a,a-(\ ir r ! , Ja( to be the most significant need for most survivors, " rrt , (i,/1i ,a,,7ryrtrof ' and many need housing support for 3-5 years to -United States Advisory Council on Human Trafficking Annual stabilize. Service providers noted that survivors' Report 2015 vulnerability often increases when benefits supports, and other assistance end.

2.

Service Provider Network

A small number of non-profit organizations provide comprehensive services (client-driven, trauma-

informed, linguistically and culturally appropriate) free of charge to labor trafficking survivors in Washington State. lnternational Rescue Committee (lRC) and API Chaya are the primary service organizations within King County, though other organizations may also be providing services to this population without dedicated funding (including the Filipino Community Center). IRC and API Chaya receive a limited amount of federal funding administered through the Washington Office of Crime Victims Advocacy for services and some direct assistance to trafficking survivors (particularly while T visals applications are prepared and processed, which once approved give survivors the same benefits provided to refugees). Service providers are coordinating through the Washington Anti-Trafficking Response Network (WARN), which IRC manages. ln addition, WARN is a co-chair, alongside the Seattle Police Department and US Attorney's Office for the Western District of Washington, of the Washington Advisory Committee on

ra Zhang, Sheldon X., Looking

for o Hidden Populotion: Trofficking of migront loborers in Son Diego County (2012), available at http://nij.gov /topics/crime/h uman-trafficking/Pages/la bor-trafficking-sa n-diego-county.aspx. 1s A T visa requires proof of effort to report trafficking (survivor declares effort to report, which needs to be supported with documentation).

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Trafficking (WashACT), which is a federally-funded multi-disciplinary task force to facilitate coordination among law enforcement, service providers, and mobilization groups in Washington State. Limited pro-bono immigration assistance for trafficking survivors is available through the Northwest tmmigrant Rights Project (NWIRP), Northwest Justice Project (NJP), and Kids in Need of Defense (KIND). NWIRP provides direct representation to trafficking survivors seeking immigration benefits, including detention and deportation defense. NJP provides assistance with visas for trafficking victims, and has a new program to provide general legal assistance to crime victims. KIND provides assistance to unaccompanied children in deportation proceedings. ln addition to service providers, there are a number of non-profit organizations focusing on trafficking awareness, mobilization, and advocacy. Seattle Against Slavery (SAS) mobilizes a large network of volunteers for community education and partners with non-profit organizations and government agencies to combat trafficking. Businesses Ending Slavery and Trafficking (BEST) focuses on raising awareness and training businesses on the prevention of trafficking. Washington Engage focuses on trafficking training and mobilizes communities through their Coalitons Against Trafficking program. ln addition, survivors interact with a number of government agencies to access benefits and supportive services. See Appendix E for a list of government agencies and nonprofit organizations currently engaged in providing services to labor trafficking survivors.

3.

Gaps, Challenges and Recommendations

Organizations providing comprehensive services to labor trafficking survivors describe a challenging landscape with significant barriers to effectively supporting survivors on a path to restoration and recovery. Service providers focus on survivor safety, stability, and survivor-defined goals for future success, but systemic issues and limited funding complicate their efforts.

a)

tmmigrotion-related Barriers to Benefits One of the biggest challenges in providing services to trafficking survivors relates to immigration status. Because most labor trafficking survivors are foreign nationals who either overstayed a temporary visa or entered undocumented, they are not legally authorized to work in the US and are ineligible for state and federal programs until they receive a T visa or other form of legal status. A T visa can take more than a year to obtain, and during that period non-profit service providers must stretch a limited amount of funding to cover complex needs of a growing survivor population. Recommendotions:

o

o

Provide County funding to service providers to augment existing funding for services and direct assistance to trafficking survivors. Ensure funding does not limit eligibility based on immigration status. Ensure that funding for anti-trafficking efforts focuses on/earmarks funding for smaller and emerging nonprofit and community organizations. Engage with Washington State Task Force Against the Trafficking of Persons to explore the possibility of legislation making trafficking survivors eligible for state benefits at the point that they are identified as a trafficking survivor, ideally, or at the point that a T visa application is submitted. The states of California. and lllinois allow human trafficking specialists to submit an affidavit to identify someone as a trafficking survivor (using federal trafficking definition) to establish e

for state benefits.

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Examine Requests for Proposals (RFPs) and submitted proposals for the joint Seattle and King County Legal Defense Fund for lmmigrants and Refugees to ensure RFP respondents have experience serving labor trafficking survivors (and can effectively screen for trafficking and connect survivors to assistance), and consider feasibility of including earmarked funding in future rounds of RFPs for specialized training on labor trafficking for immigration attorneys, particularly any working with the population in the Northwest Detention Center. Work with King County Bar Association to consider ways to increase the number of attorneys with relevant language proficiency and cultural competency to serve labor trafficking survivor populations. Provide targeted labor trafficking training to bilingual attorneys, those serving relevant ethnic communities, and relevant minority bar associations. Consider offering Continuing Legal Education (CLE) credits for attorney training, and keep costs

low.

b)

Shelter ond Tronsitionol Housing Access

Another significant challenge is in accessing short-term shelter or transitional housing options for labor trafficking survivors. Although shelters are not an ideal setting for most survivors (independent living is usually a better solution), they can be an important temporary solution for survivors exiting a trafficking situation who need an immediate short-term solution. Service providers report that there are no shelter spaces specifically for labor trafficking survivors. Female survivors may be placed in a domestic violence (DV) shelter if they experienced gender-based violence as part of their trafficking (not uncommon), but service providers have to present their clients as DV victims rather than trafficking survivors. Male survivors have the option of placement in a recovery center or homeless shelter, neither of which is appropriate for trafficking survivors. Transitional housing may be a better short-term solution for many trafficking survivors, but eligibility requirements may bar survivors from accessing transitional housing. Given these challenges, service providers often work with victims to find someone in their personal networks with whom they can stay until longer-term housing can be found. Recommendations: Support establishment of emergency shelter slots for trafficking survivors. Conduct outreach to service providers and shelter agencies to determine the most appropriate options for male and female survivors, and ensure shelters can provide linguistically and culturally appropriate care. Ensure shelter providers receive training on labor trafficking, including survivor needs and rights, and trauma-informed care (make this a grant condition and earmark funding for training). Ensure that shelter intake staff is sensitive to survivor trauma, and require that they work with trafficking service providers to protect survivors from re-traumatization during intake process. Examine eligibility requirements of Coordinated Entry for All to ensure trafficking survivors can access transitional housing, and expand funding to support transitional housing for labor trafficking survivors. Ensure that King County 2-1-1 information and referral specialists are trained on labor trafficking issues, understand the challenges facing survivors, and have up-to-date information on shelter, transitional housing, and other benefit options for survivors.

.

o

o

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c)

Long-term Affordoble Housing Access

Long-term affordable housing for survivors is another challenge. API Chaya reported that their current level of funding means they have only about 5300 per month for each survivor for housing,l6 which is insufficient to rent an apartment anywhere in the metro area. Service providers report they are relying on finding rooms for rent on Craigslist, and asking landlords for discounts, but may have difficulty placing people due to language and cultural barriers.

Recommendotions:

o

o

Provide County funding for housing subsidies to labor trafficking survivors for at least one year (renewable one time), or until survivors become eligible for state housing benefits. Ensure that the standing advisory panel to the King County Regional Affordable Housing Task Force includes a trafficking survivor, or representative from an organization serving survivors so that policies and solutions for affordable housing take trafficking survivor needs into account.

d)

Employment Authorizotion ond Services

lmmigration status also presents barriers to legal employment and accessing employment services. Trafficking survivors need to make a living, and may resort to informal employment arrangements while they are awaiting work authorization, which can leave them vulnerable to further exploitation or repeat trafficking. ln addition, few training and employment support programs are able to accept unauthorized immigrants and limited-English speakers. Recommendotions:

o o o

Advocate for funding to community colleges to provide combined English as a Second Language and job training for labor trafficking survivors, and provide stipends to survivors attending classes and training. Ensure that participation does not require proof of work authorization. Convene focus groups with survivors, service providers, and businesses to explore possibilities for paid internships and/or apprenticeships for labor trafficking survivors that do not require proof of work authorization. Consider language needs. Provide County funding to support and expand programs like Casa Latina's Day Labor Center so

that labor trafficking survivors have safer casual labor options.

e)

Limited Awareness of ond Resources t'or Lobor Troffi.cking Awareness of labor trafficking is low among government agencies, the general public, and trafficking victims themselves.lT Law enforcement officers and frontline employees of government agencies (inspectors, healthcare workers, parks employees, etc.) tend to have higher awareness of sex trafficking than labor trafficking, and may lack adequate information and training to identify and/or appropriately serve labor trafficking survivors. Similarly, the majority of anti-trafficking efforts and resources are dedicated to addressing sex trafficking, with very little focused on labor trafficking.

with other immigrant populations, limited English proficiency creates additional barriers for labor trafficking survivors in receiving information about rights, communicating with law enforcement, and As

accessing services.

16 This amount is flexible, but API Chaya tries to limit their support to the level of support that survivors will receive for housing once they are eligible for Refugee Cash Assistance. The Washington State DSHS website lists the current amount of cash assistance for refugees as 5332 per month for a single person (5420 for a family of two). 17 University of Washington, Jackson School of lnternational Studies Task Force, From lnternotionol Supply Choins to Locol Consumption: Eliminoting lobor trafficking from all componies in Washington Stote (2015).

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Recommendations: o Consider creating a dedicated labor trafficking task force (or similar type of entity) comprised of external subject matter experts to help guide the County's work on labor trafficking. The task force should include trafficking survivors (survivors should be compensated for their participation and expertise), community organizations focused on labor trafficking, and other key stakeholders that can provide thought partnership to inform the County's policy and efforts on this issue. The task force should be situated to work alongside County staff and leadership in the departments and agencies responsible for this work and focused on helping to guide the County's efforts to implement its labor trafficking strategy, linking survivor voices to policy development, and identifying and trouble-shooting issues and challenges. o Revive King County's public awareness campaign on human trafficking and consult with service providers to update information. Ensure this effort complements the State of Washington's rest stop poster campaign and the Department of Homeland Security's Blue Campaign, and solicit input about where to target messaging. Consider outreach to ethnic media outlets with linguistica lly a ppropriate materia ls. o Consider creating a call for labor trafficking awareness-raising materials from artists and arts organizations through King County's 4Culture to increase public awareness of this issue through accessible a rts programs. o Recognize the importance of community organizing as a prevention strategy for labor trafficking, and provide County funding to support established and trusted organizations working in local communities impacted by labor trafficking. o Provide training on trafficking signs and indications to frontline County employees who may be in a position to recognize and report suspected labor trafficking. Consult with service providers to develop and deliver training or use the training curriculum being developed by Washington Department of Labor and lndustries. Ensure training equips staff with clear and appropriate information about whom to contact when trafficking is suspected. r Require training on trafficking survivor needs and rights, and ensure appropriate language access is readily available (and budgeted) for all County agencies that may begin to interact with labor trafficking survivors as a result of this new County initiative.l8 This may be particularly relevant for Department of Community and Human Services (DCHS) staff if they are in a position to determine program or benefits eligibility for any individuals. Consider designating one point of contact at DCHS for service providers when eligibility determinations must be made. o Weave labor trafficking into the County's ongoing focus on immigrants and refugees led by the Office of Equity and Social Justice (ESJ). For example, ensure that labor trafficking service and advocacy organizations are represented in the future lmmigrant and Refugee Commission, and work to deliberately incorporate consideration of labor trafficking suwivor needs and issues into future RFPs and initiatives focused on immigrant and refugee populations. Ensure that King County employees staffing the Commission, and all members of the Commission itself, receive training on labor trafficking. o Ensure organizations funded by the County to engage in know your rights campaigns with immigrant and worker populations are providing information on labor trafficking in multiple relevant languages, and staff is informed about where to refer suspected trafficking. ln future rounds of funding ensure that funding goes to organizations that have established trust and rapport with affected communities.

18

Title Vl of the Civil Rights Act of 1964 requires all organizations receiving federal funds to ensure meaningful access English proficient persons to their programs and activities.

to limited

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C.

King County Roles in Responding to Labor Trafficking ln addition to the opportunities noted above for the County to strengthen and support effective services for labor trafficking survivors, the County has other opportunities to positively address labor trafficking in the region. Admirably, the County recognized in the RFP for this study that it should seek to understand and address any core County business functions that may be inadvertently contributing to labor trafficking and exploitation problems. And, as a government entity, the County has regulatory and law enforcement/prosecution authorities that can be leveraged to combat labor trafficking. Each of these roles provides opportunities for the County to engage on the issue of labor trafficking. It is important to note that there may be tensions inherent in the various opportunities for the County to engage on labor trafficking. For instance, the County's law enforcement role in the region could lead the County to emphasize prosecution efforts above efforts to improve outcomes and services for survivors.ls As such, it is advisable for the County to develop a focused strategy for tackling labor trafficking that strikes an appropriate balance and articulates the choices made to advance the County's long-term priorities and goals.

1.

Employer

King County is one of the largest employers in the region. With about 14,000 employees, the County has an important role to play in helping to prevent labor trafficking by equipping employees with the knowledge, tools, and strategies needed to identify and appropriately respond to potential trafficking situations and victims.

Training is an important tool for government agencies to raise awareness of labor trafficking within their workforce and improve government response to the issue. The Washington State Department of Labor & lndustries (L&l) is developing and will deliver a mandatory human trafficking training curriculum for all agency staff (about 3,000 people) by the end of 2OL7 .The curriculum covers both labor and sex trafficking. All new employees of L&l onboard after 2017 will receive on-line trafficking training, and L&l will make an on-line refresher training available to all employees, as well as to all public agencies in Washington. This trafficking training is an important step for L&l to increase its capacity to investigate labor trafficking and to track its efforts and effectiveness over time. Following the training, the agency will update its reporting systems to capture trafficking-related data. The City of Seattle partnered with WARN to conduct human trafficking training targeting communityfacing employees (Seattle Public Utilities staff, traffic sign and marking crews, fire fighters, parks staff, business license enforcement staff, etc.) who may be in a position to observe signs of trafficking in their work. The training was open to all City staff, but focused on outward facing employees in an effort to increase capacity to identify and report human trafficking.

1s A Rutgers review of global good practices for serving trafficking victims acknowledges the tendency to emphasize prosecution of perpetrators at the expense of victim services, noting that "Victims' cooperation and testimony with law enforcement is typically needed during prosecution; this cooperation from victims greatly depends on the quality and consistency of services provided to them..." and that successful prevention models require "...suitable resources for current human trafficking victims in order to prevent previous victims from being vulnerable to exploitation again." Jamie Kynn et al, Providing Services to Trofficking Victims: Understonding Proctices Across the Globe (2015). Available at http://socia lwork. rutgers.ed u/cente rs/ce nte r-vio lence-aga inst-wo men-a nd-child re n/resea rch-a nd-eva luation/providingservices-traff icking-victims-understanding-practices-across-globe.

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King County's CSEC Task Force has recommended training for a subset of its staff on sex trafficking, but the plans do not currently include any training on labor trafficking, despite the fact that both sex and labor trafficking are prohibited in federal and state laws. Large employers can also make a positive impact on combatting trafficking by encouraging employees to patronize businesses that are engaged in anti-trafficking efforts. For example, Washington L&l is

planning on updating its travel and per diem policy to encourage traveling agency staff to select hotels that are part of the Businesses Ending Slavery and Trafficking (BEST) coalition committed to ending slavery and trafficking. ln doing so, the agency would be acknowledging and supporting participating businesses and providing incentives to others businesses to join. ln addition, and in line with the County's ESJ strategic plan, the County has an opportunityto examine its hiring practices to uncover and remedy barriers for survivors to enter the County workforce. The County's efforts to make employment opportunities accessible to trafficking survivors could be leveraged to influence private employers to follow suit.

Recommendations:

o

Expand planned trafficking training for County staff to encompass labor trafficking in addition to sex trafficking. Consider using L&l's trafficking curriculum, tailored to specific settings and types of public engagement relevant for County employees. As part of this training, encourage

employees to brainstorm how their positions can be leveraged to address labor trafficking issues.

. o

o

o o

Update the County's travel and per diem policy to encourage traveling employees to select hotels committed to ending trafficking under the BEST program. Distribute small, flushable information slips (available from WARN)20 in multiple languages for traveling County staff to leave behind in hotel rooms and restaurants for those establishments' staff. The slips contain information on who to contact for help if you are a victim of trafficking. Ensure that County staff is adequately trained on appropriate, discreet use of the slips so as not to endanger potential trafficking victims. The County could also make those cards available for public use, downloadable on its website. Ensure that all non-profit organizations involved in labor trafficking know about and are on the list of organizations eligible for the County's Employee Giving Program. As part of a roll-out announcing King County's enhanced commitment to end labor trafficking, highlight these organizations for potential employee giving. Partner with local organizations to host employee and public screenings of and conversations about the trafficking video series produced by the Office for Victims of Crime, available at http://ovc. ncj rs.gov/huma ntrafficking/pu blicawa re ness. htm l. Weave consideration of labor trafficking survivor populations into the County's ESJ efforts to increase accessibility of County employment opportunities for underserved communities. Examine hiring practices and standards to reduce barriers for labor trafficking survivors with limited English skills, education, and formal work experience.

2.

Business

Each year, King County purchases products and services valued in

the hundreds of millions. ln 2016, King County spent $2.2 billion, of which 59% was used for the purchase of goods and services, or S1.3 billion, The National Human Trafficking Resource Center also provides a downloadable wallet-sized card with information on indicators of labortrafficking and the hotline number. However, the card is only available in English.

20

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and 70% went to construction, or 5220 million.2l As such, King County has an extraordinary opportunity to influence the labor practices of its contractors and sub-contractors. A few of those opportunities are

discussed below.22

a)

Brrsiness Proctices and Processes

for Reducirtg

Risk of Huntan

Tralficking Globally, there are several practices that businesses engage in when they commit to reducing the risk of labor trafficking in their operations. The first step in that commitment is developing and declaring the company's policy to prevent human trafficking across all of its operations, consistent with applicable law, and prominently displaying that policy (on its website and conspicuously posting in all of its offices).23 A second step is publicly and internally committing to applying its policy throughout its supply chain, i.e.,

its service providers and suppliers (both contractors and sub-contractors), consistent with applicable law and best practices.2a This commitment is prominently displayed in public and actively communicated to all service providers and suppliers and is included in requests for proposals, business contracts, purchase orders, and related documents. Third, the company publicly and internally commits to ensuring a remedy for workers and other stakeholders adversely affected by labor trafficking in the company's operations or supply chain, such as repayment of fees paid by workers, etc.

lnternally, these company commitments must be implemented by: 1) assigning responsibility and accountability to executive-level management as well as staff across all relevant internal functions, i.e., human resources, procurement, etc.; and 2) dedicating sufficient funding to fulfil the mandate. Responsible staff is charged with identifying, assessing, and managing the risks of labor trafficking within company operations and among its service providers and suppliers, including prospective contractors. Records are kept up to date and annual risk assessments and reports are delivered to leadership. Risk assessments vary in scope but typically focus on risk factors in specific sectors and risk factors in

specific commodities within those sectors or countries. For the federal government, 11 high-risk sectors and 48 high-risk commodities were examined. Risk factors include conditions in specific countries of production or supply of labor.2s Based on results of the risk assessment, staff establishes business controls or improves existing controls to manage identified risks in its operations. These will include training existing and new staff on the anti-

21

http://www.kingcounty.gov/depts/finance-business-operations/procurement/about-us.aspx.

For more in-depth discussion of case studies of and best practices on ethical supply chains as well as recommendations on policies supporting clean supply chains, commissioned by the State of Washington, see Basu & White, Humon Trafficking ond Supply Chains: Recommendotions to Reduce Humon Trofficking in Locol and Global Supply Cholns (June 2017), available from 22

the authors of this report. 23To a great extent, this section is based on the non-profit organization Verit6's guidance, which is much more detailed than as presented. See e.g.,Veit6, Anti-Humon Trofficking Business Authenticotion Criterio: Compony Level ond Site level (June 2016). 2a The California Transparency in Supply Chains Act of 2010 encourages corporate disclosure of efforts to eliminate human trafficking from supply chains. This law requires large retail and manufacturing companies doing business in California, with annual worldwide gross receipts that exceed S100 million, to disclose the policies they have to address human trafficking in their supply chains. 2s Verit6, Strengthening Protections AgainstTroJficking in Persons in Federol ond Corporote Supply Choins: Research Phose 7

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human trafficking policy, and providing refresher training based on annual assessments. Such controls will also include monitoring for effectiveness.

With respect to suppliers and service providers, businesses create specific performance expectations of their contractors and sub-contractors, including charging no fees for job applicants; engaging in ethical recruitment practices, such as no fraud, deception, orcoercion in the recruitment, selection, and hiring of workers as well as clarity in employment terms and conditions; using written employment contracts in employees' native languages, which are provided before employment begins or, for foreign employees, before departing their home country; never retaining, confiscating, or destroying employees' official documents; and never restricting movement outside working hours or access to personal bank accounts; among other expectations.

b)

Adtlressirtll Risk irt tlte Courttt,'.s Brrslnes.s attd Operations

ln the US, Sweden, and Norway, companies and governments are leveraging procurement as a means of reducing the risk of trafficking in their supply chains. Under this approach, companies work with their contractors to ensure there is no forced labor in the procurement process. The U.S. federal Executive Order 73627 Strengthening Protections Against Trafficking in Persons in Federal Contracts is one such example. The European Community also focuses on public procurement as a means for reducing labor trafficking.26

Similarly, building on its prior efforts, King County may next develop a human trafficking policy that explicitly includes the County's commitment to reducing the risk of all forms of human trafficking in its operations and supply chains, including suppliers and service providers, as well as contractors and subcontractors, consistent with applicable law and best practices in the corporate sector. As but one example of resources available for trafficking policy development, the American Bar Association has adopted a Model Business Policy and a Model Supplier Policy intended to address labor trafficking and, specifically, child labor, which potentially arises in the operations of a business. Principles in the business policy include: (1) prohibiting labor trafficking and child labor in its operations;

(2) conducting a risk assessment of the risk of labor trafficking and child labor and continually monitor implementation of this policy; (3) training relevant employees; (4) engaging in continuous improvement; (5) maintaining effective communications mechanisms with its suppliers; and (6) creating a remediation policy and plan that addresses remediation for labor trafficking or child labor in its operations. ln terms of procurement, King County has already begun working with its contractors to combat labor trafficking in its supply chain. ln September 2076, King County adopted a new requirement for solicitations valued at S100,000 or more (excluding construction bids).27 Eligible bidders must attest to their "historical compliance" with human trafficking laws, rules, and regulations (among other standards) for the three years preceding the solicitation's submittal date. The County's Finance and Business Operations Division is currently working on criteria for best practices in ethical sourcing of labor to be incorporated into procurement practices. The County also adopted the living wage ordinance, which requires contractors (and their subcontractors) awarded a contract valued at 5100,000 or more to pay their employees a prescribed

25

See e.g., the EC Guide on Sociolly Responsible Public Procuremert (SRPP), which defines principles, requirements and standards of SRPP for local and regional governments, available online at: http://www.ccre.orgldocs/SRPP Joint_Statement_Fi na l_EN. pdf . 27

King County Ordinance 18372.

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living wage, depending on the number of employees. KCC 3.18.070. Failure to pay living wages may result in disqualification from King County contracting, damages, and termination of a contract. KCC 3.18.090. ln addition, King County is prohibited from contracting with employers who willfully and unlawfully withhold wages from their employees. The County could expand ethical sourcing efforts to resemble the County's Environmental Purchasing Program, which included adoption and implementation of its Environmentally Preferable Product Procurement Policy (KCC 18.20), and related policies.2s That Program reflects the County's "long-term commitment to the purchase of environmentally preferable products" and "provides county personnel with information and technical assistance to help them identify, evaluate, and purchase economical and effective environmentaIly preferable products and services."2s

Recommendations:

o

o o o

o

Develop and publicize a human trafficking policy that seeks to reduce the risk of labor trafficking within the County's operations and supply chain, explicitly including suppliers and service providers, as well as contractors and sub-contractors, consistent with applicable law and best practices in the corporate sector. ln developing the policy, engage in a participatory process with stakeholders to determine how far down the chain to go. Develop and fund an implementation strategy to reduce the risk of labor trafficking within the County's operations and supply chains, including among contractors and sub-contractors for both goods and services, consistent with applicable law and best practices in the corporate sector. Expand the County's procurement policy to require contractors to declare that they are doing their due diligence to reduce the risk of trafficking within their operations. Due diligence may include providing the disclosures required under RCW 19.320.120, putting up anti-trafficking posters, and training staff to identify and prevent trafficking. The County's new procurement requirement that bidders attest to the prior three-years of labor trafficking-free operations is commendable but could be expanded to commit to labor trafficking-free operations through the term of the new contract with the County. Contractors to the County are already required to comply with all federal, state, and local laws so identifoing this particular obligation ought not to create an undue burden. Highlight on the County's website its commitment and efforts to reduce the risk of labor trafficking in its operations and supply chains. Currently, information about wage theft, living wage requirements, and procurement policies are located in separate places on the County's website.

3,

Regulatory Authority

Under the Washington State Constitution, King County has discretionary authority to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws." Wash. Const. art. Xl, sec. 11. For example, by statute, the state legislature has preempted any local authority from setting penalties for violations of the controlled substances act. RCW 69.50.200. Although at least 26 states prohibit local cities and counties from regulating certain labor conditions,

28

http://www.kingcounty.gov/depts/finance-business-operations/procurement/for-government/environmental-

pu rchasi 2s

ng/po icies.aspx. I

http://www.kingcounty.gov/depts/finance-business-operations/procurement/for-government/environmental-

pu rchas i ng.as px.

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Washington has not.30 Thus, it appears the County has authority to regulate labor conditions to the extent such regulation is not inconsistent with state and federal law. Below are a few examples of workplace rights relevant to labor trafficking.

Notice of workers' rights: Under Washington State law, employers and international labor recruitment agencies that hire foreign nationals to work in Washington State must disclose to foreign nationals their rights under Washington labor law. RCW 19.320.120. The disclosure must include that the worker has the right of control over his or her travel and labor documents, and must detail all fees that will be charged to the worker by the recruiter or employer. The disclosure must be in English, or in a language that the worker understands. L&l has created a model disclosure statement available on its website. Service providers and mobilization organizations do not think compliance with this requirement is being monitored and enforced. Public Notice Requirements: The State of California requires certain businesses and other establishments to post a notice about human trafficking for victims and the public, including the trafficking hotline telephone numbers for help or to provide a tip. Ca. Civ. Code. 5 52.6. There are specific language requirements depending on the county where a business is located and penalties for failure to post. Businesses required to post include: restaurants serving alcohol; adult or sexually oriented businesses; airports; bus and train stations; truck stops; emergency rooms; urgent care centers; farm labor contractors; private job recruitment centers; roadside rest areas; and massage or bodywork services. The State Attorney General's Office has a model poster available online in multiple languages.

Seattle's Office of Labor Standards: The City of Seattle created an Office of Labor Standards in 2015 to "to implement the City's labor standards for Minimum Wage, Paid Sick and Safe Time, Wage Theft, Fair Chance Employment (limiting the use of conviction and arrest records in employment decisions), and other laws that the City may enact in the future." The Office provides free, confidential services, including investigations and complaints, outreach to workers (some through grants to community organizations like API Chaya), technical assistance to businesses, and resources and referrals. The city's wage theft ordinance, adopted in 2015, created an administrative process for addressing wage theft complaints. Recommendations:

o

Request guidance from Washington L&l on monitoring compliance with the notice of workers' rights requirement, and coordinate with state and city employment and wage violation investigation divisions to push for increased monitoring and enforcement. Like the State of California, require certain businesses - and particularly contractors - to post information (in multiple languages depending on the population) about labor trafficking and how to get help or report suspicious activity with accompanying penalties for failing to do so. Partner with municipalities in the County to require large businesses to disclose on their website their policies regarding human trafficking. In doing so, the County would be requiring businesses to provide valuable information to the public as consumers concerned about trafficking.

30

See e.g., Casuga & Rose, "Are State Workplace Preemptions on the Rise?" in Bloomberg BNA, Legal (July 19, 2016), available on line at: http://www.bna.com/state-workplace-preemption-n7301,44449951.

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e

Have County representatives responsible for investigating wage theft and other labor violations meet quarterly with Washington State Department of Labor and lndustry's Fraud Prevention and Labor Standards Division to share data and coordinate activities (this recommendation is at the request of the Deputy Assistant Director for that Division).

4.

Law Enforcement Authority

King County has authority to both investigate and prosecute labor trafficking. Despite this authority, there has been limited prosecution of labor traffickers in King County, and these have primarily been pursued by the U.S. Attorney's Office for the Western District of Washington (see Figure 2 for examples

of cases prosecuted in the state). To date, King County has not attempted to prosecute labor traffickers because no cases have come to the Prosecuting Attorney's Office. Figure 2. Exomples of lobor trafficking coses prosecuted in Woshington ln March 2O!7,the U.S. District Court for Western Washington sentenced three undocumented Mexican nationals (all family members) for labor trafficking of three children, including one of their nieces. One of the survivors, a 14year old girl from Mexico came to the US with her uncle in hopes of having a better life. Her mother paid her expenses. Once she arrived, she was kept captive in an apartment in Federal Way and not allowed to go to school. She was told she owed them thousands of dollars so they sent her to work first as a maid, then as a nanny, and then in a factory, which hired her through a temporary employment agency. The couple had forged green cards and social security cards. She eventually worked at an industrial bakery south of Seattle. All of her wages were taken from her as well as any identification. She and another girl were rarely fed and denied basic medical and dental care. They slept on the floor and were forced to take cold showers. One of the traffickers was sentenced to three years and the other two a little less. The defendants are expected to be deported. The girl now has legal status in the

US

for a period of four years (from the Seottle Post-lntelligencer, March 8,2077).

A flooring contractor pled guilty to smuggling a Mexican immigrant into the country and coercing him to work 15hour days installing carpets to repay his smuggling fee (from Christion Science Monitor Proiects, Jan. 4,2016),.

A Moroccan couple pled guilty to concealing and harboring an alien for bringing their 12-year-old niece from Morocco on a visitor's visa, then making her work long days in the couple's home and coffee shop (from Ihe Seottle limes, Sept. 8, 2006). A couple pleaded guilty to crimes related to holding a Filipina woman in domestic servitude, forcing her to work seven days a week providing childcare and domestic services (from Ihe Wenotchee World, June 7, 2013).

A Micronesian couple was sentenced to prison for forcing a young cousin to work in the home and a poultry plant (from Christion Science Monitor Projects, Jan.4,2076).

There may be a variety of reasons that no labor trafficking cases have been brought to the King County Prosecuting Attorney's Office. One reason may be that the US Attorney's Office has experience with labor trafficking cases, and are perceived to be the most effective avenue to pursue cases. Additionally, labor trafficking is hard to identify because the offense occurs in private, and the victim is often isolated physically, culturally, and linguistically. Trafficking survivors are also often hesitant to come forward in part due to their undocumented status as well as a general distrust of law enforcement, which may be based on experiences in their home countries. Finally, local service providers and law enforcement noted that many survivors were trafficked elsewhere before relocating to the area (possibly because of the services available here, or because they have been placed in the federal Northwest Detention Center). Local law enforcement does not have jurisdiction to investigate when trafficking occurred

outside of Washington.

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The majority of labor trafficking investigations have been performed by a dedicated team of detectives from the Seattle Police Department (SPD) and the Department of Homeland Security lnvestigations.3l SPD has a grant from the U.S. Department of Justice through 2018 to support a detective dedicated to labor trafficking, working in partnership with Homeland Security lnvestigations. The team works in close cooperation with the U.S. Attorney's Office for the Western District of Washington, and the King County Prosecutor's Office, if needed, and has good relationships with service providers, immigration attorneys and others working with trafficking survivors. lt is unclear whether SPD will continue to dedicate an officer to labor trafficking investigations when the grant ends. The King County Sheriff s Office has an impressive track record with sex trafficking investigations, but has not investigated any labor trafficking to date, for many of the reasons noted. The Sheriff's Office is willing to investigate labortrafficking but they need to find resources to do it. ln addition to more training (on-line training on human trafficking is available to officers), the Sheriffs Office believes it needs the "cultural competency" to investigate such offenses, i.e., they need to understand the personal side to the issue.32 The Sheriff s Office noted that officer training focuses on examination of successful investigations, so it would be useful for them to have training that incorporates example investigations as well as stories from survivors. They also noted that public awareness and education on labor trafficking would be useful because it would presumably lead to tips. The Sheriffs Office is open to having a fully funded detective focused on labor trafficking like SPD if the caseload so warrants. King County law enforcement and prosecutors are engaged in a number of federal and local trafficking task forces. However, the Sheriffs Office was previously involved in WashAct but has not attended for a

few years. Recommendotions:

o o

o e

Engage in advocacy with the US Attorney's Office, Western District of Washington to prosecute cases under labor trafficking charges rather than non-trafficking charges whenever possible to

ensure greater visibility and accountability for labor trafficking offenses. Provide in-person training for County law enforcement personnel on labor trafficking, including examples of successful cases and survivor stories. Work with service providers, WashACT, and other subject matter experts to create training, and use web-based training resources such as those provided through the Department of Homeland Security's Blue Campaign as refresher

training. Consider the benefits of representatives of the King County Sheriffs Office re-engaging with the WashACT task force to take advantage of resources available to law enforcement, including

training and the opportunity to draw on local labor trafficking expertise. Develop policies and protocols for law enforcement officers and prosecutors that provide guidance for responding to labor trafficking incidents, and ensure the protocols effectively operationalize relevant federal and state legal frameworks for labor trafficking.

31

Based on tips, labortrafficking investigations are underway in south King County, among other areas, involving landscaping companies, factories, adult home care facilities, painting companies, and daycare centers. 32 The Office for Victims of Crime's Training and Technical Assistance Center produced the Human Trafficking Task Force eGuide, which emphasizes the importance of law enforcement and services providers building capacity to take a traumainformed, victim-centered approach to working with trafficking survivors. The e-Guide is available at http://www.ovcttac.gov/ta s kfo rcegu ide/egu ide/.

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o

lV.

Ensure that officers are aware of their duty (as recipients of federal funding) to provide meaningful language access for limited English language speakers. lnstruct officers to use their employer-issued cell phones in the field to immediately call the Language Line and victim service victims with limited English. roviders when thev encounter

Legal Analysis

This section discusses a few of the legal issues identified in the analysis of the legal framework governing labor trafficking in Washington State, which is in Appendix B. A comprehensive analysis of Washington's statutory framework governing labor trafficking is beyond the scope of this report, but may be useful as King County moves ahead with this initiative.

Washington State became the first state to criminalize human trafficking in 2003, and its legislature has adopted additional legislation each year thereafter. ln20L4, the Polaris Project assigned Washington State's anti-trafficking legislation a perfect score. Washington State now recognizes January 11 as Human Trafficking Awareness Day. RCW 1.16.050. Overall, as the Polaris Project found, Washington State's legislative framework governing labor trafficking is substantively sound, but it is unwieldy after years of amendments. There also are a few significant gaps. Below are a few of the legal recommendations, which arose in the analysis in Appendix B. King County may want to support recommended legal reform and/or share with trafficking advocates.

Recommendations:

o o o o

Add a section to chapter RCW 9A.40.100 that defines the term "coercion" for purposes of the trafficking offense, ensuring that all known traffic-related behavior is included, and delete references to a more general definition of coercion and force. Add a sub-section to RCW 9.94a.753 to require courts to impose criminal restitution tailored for trafficking survivors as well as future expenses reasonably certain to occur as a result of the trafficking, including the costs of housing and mental health services. Advocate for the establishment of a legal privilege under state law to protect confidential communications between trafficking survivors and caseworkers/service providers. Amend RCW 9A.82.100 to allow a civil action against a defendant found guilty under the federal TVPA.

o o o

Extend the limitations period for civil suits to at least seven years from the date from which the survivor was freed from the trafficking situation, and remove any requirement that the defendant have been criminally charged. Amend RCW 9A.40.100 to explicitly call out the criminal liability of a business and assign relevant penalties, including possible revocation of its corporate charter. Amend RCW 9A.82.100 to allow a civil action against a defendant found guilty under the federal TVPA.

o

Conduct a comprehensive analysis of the legal framework, harmonizing the sex trafficking and labor trafficking provisions as well as consolidating the various trafficking-related provisions under a trafficking statute to improve access, understanding, and ease of application and

interpretation.

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V.

Prioritized Recommendations

King County has developed an impressive track record focusing on addressing sexual exploitationrelated human trafficking, but has yet to develop and pursue a comprehensive strategy to address laborrelated human trafficking. The County is an important regional authority, employer, service provider, and influencer, which positions the County well to have a significant impact on addressing labor trafficking and economic exploitation. This report can serve as a launching point for the County to define a path to address this important issue, and recommendations throughout are aimed at helping the County choose its next steps. Below the recommendations contained in this report are grouped by suggested high, mid and lower priorities.

The rationale for defining high priorities included consideration of the urgent service needs to address the health and safety of survivors,33 the need to raise awareness among County employees and the general public, work the County can do internally to address labor trafficking issues in its own operations, and steps the County will need to take to set the stage for longer-term engagement on labor trafficking. Mid and lower priorities, while still important, are steps the County can take to build on this

work over time. High Priorities o Provide County funding to service providers to augment existing funding for services and direct assistance to trafficking survivors. r Ensure funding from the joint Seattle and King County Legal Defense Fund for lmmigrants and Refugees goes to organizations that have experience serving labor trafficking survivors o Consider feasibility of funding for specialized training on labor trafficking for immigration attorneys. Consider offering Continuing Legal Education (CLE) credits for attorney training, and keep costs low. . Support establishment of emergency shelter slots for trafficking survivors, and ensure shelters can provide linguistically and culturally appropriate care. r Examine eligibility requirements of Coordinated Entry for All to ensure trafficking survivors can access transitional housing, and expand funding to support transitional housing for labor trafficking su rvivors. r Ensure that King County 2-1-1 information and referral specialists are trained on labortrafficking issues, and have up-to-date information on shelter, transitional housing, and other benefit options for survivors. r Provide County funding for housing subsidies to labor trafficking survivors for at least one year (renewable one time), or until survivors become eligible for state housing benefits. o Ensure that the standing advisory panel to the King County RegionalAffordable Housing Task Force includes a trafficking survivor, or representative from an organization serving survivors. e Provide County funding to support and expand programs like Casa Latina's Day Labor Center so that labor trafficking survivors have safer casual labor options. o Consider creating a dedicated labor trafficking task force (or similar type of entity) comprised of external subject matter experts to work alongside County staff and leadership to help guide implementation of the County's strategy to address labor trafficking.

33

Consultants borrowed some of the rationale from the Washington State Task Force against the Trafficking of Persons to prioritize immediate health and safety needs of survivors in their recommendations to the legislature. Office of Crime Victims Advocacy, Washington State Department of Community, Trade & Economic Development, Washington Stote Tosk Force ogoinst the Trofficking of Persons Report to the Legisloture (2008).

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. o . o o o o o o o o o o

Revive King County's public awareness campaign on human trafficking. Consider creating a call for labor trafficking public awareness-raising materials from artists and arts organizations. Require training on trafficking survivor needs and rights, and ensure appropriate language access is readily available (and budgeted) for all County agencies that may begin to interact with labor trafficking survivors as a result of this new County initiative. Weave labor trafficking into the County's ongoing focus on immigrants and refugees led by the Office of Equity and Social Justice (ESJ). Ensure organizations funded by the County to engage in know your rights campaigns with immigrant and worker populations are providing information on labor trafficking in multiple relevant languages, and staff is informed about where to refer suspected trafficking. Expand planned trafficking training for County staff to encompass labor trafficking in addition to sex trafficking. Consider using L&l's trafficking curriculum, tailored to specific settings and types of public engagement relevant for County employees. Ensure that all non-profit organizations involved in labor trafficking know about and are on the list of organizations eligible for the County's Employee Giving Program. Expand the County's new trafficking-related procurement requirement so that bidders must commit to trafficking-free operations through the term of their contract with the County (in

addition to attesting to prior three years). Highlight on the County's website its commitment and efforts to reduce the risk of labor trafficking in its operations and supply chains. Have County representatives responsible for investigating wage theft and other labor violations meet quarterly with Washington State Department of Labor and lndustry's Fraud Prevention and Labor Standards Division to share data and coordinate activities. Provide in-person training for County law enforcement personnel on labor trafficking, including examples of successful cases and survivor stories. Consider the benefits of representatives of the King County Sheriff's Office re-engaging with the WashACT task force to take advantage of resources available to law enforcement. Ensure that law enforcement officers are aware of their duty (as recipients of federal funding) to provide meaningful language access for limited English language speakers, and instruct officers to access the Language Line and victim service providers when they encounter suspected trafficking victims with limited English.

Mid Priorities

o o o o r

Consider further research into labor trafficking within King County similar to a study conducted in San Diego County trying to develop credible estimates of the scope of labor trafficking. Advocate for legislation making trafficking survivors eligible for state benefits at the point that they are identified as a trafficking survivor. Work with King County Bar Association to increase the number of attorneys with relevant language proficiency and cultural competency to serve labor trafficking survivor populations. Advocate for funding to community colleges to provide combined English as a Second Language and job training for labor trafficking survivors, and give survivors a stipend to attend classes and

training. Convene focus groups with survivors, service providers, and businesses to explore possibilities for paid internships and/or apprenticeships for labor trafficking survivors that do not require

proof of work authorization.

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.

Recognize the importance of community organizing as a prevention strategy for labor

trafficking, and provide County fundlng to support established and trusted organizations working in local communities impacted by labor trafficking. o Provide training on trafficking signs and indications to frontline County employees who may be in a position to recognize and report suspected labor trafficking. o Update the County's travel and per diem policy to encourage traveling employees to select hotels committed to ending trafficking under the BEST program. o Distribute small, flushable human trafficking information slips in multiple languages for traveling County staff to leave behind in hotel rooms and restaurants for those establishments' staff. o Partner with local organizations to host employee and public screenings of and conversations about the trafficking video series produced by the Office for Victims of Crime. o Weave consideration of labor trafficking survivor populations into the County's ESJ efforts to increase accessibility of County employment opportunities for disadvantaged communities. o Develop and publicize a human trafficking policy that seeks to reduce the risk of labor trafficking within the County's operations and supply chain, explicitly including suppliers and service providers, as well as contractors and sub-contractors. o Develop and fund an implementation strategy to reduce the risk of labor trafficking within the County's operations and supply chains, including among contractors and sub-contractors for both goods and services. . Expand the County's procurement policy to require contractors to declare that they are doing their due diligence to reduce the risk of trafficking within their operations. r Engage in advocacy with the US Attorney's Office, Western District of Washington to prosecute cases under labor trafficking charges rather than non-trafficking charges whenever possible to ensure greater visibility and accountability for labor trafficking offenses. o Develop policies and protocols for law enforcement officers and prosecutors that provide guidance for responding to labor trafficking incidents, and ensure the protocols effectively operationalize relevant federal and state legal frameworks for labor trafficking. Lower Priorities . Request guidance from Washington L&l on monitoring compliance with the notice of workers' rights requirement, and coordinate with state and city employment and wage violation investigation divisions to push for increased monitoring and enforcement. o Require certain businesses - and particularly contractors - to post information about labor trafficking and how to get help or report suspicious activity. Attach penalties for failing to do so. o Partnerwith municipalities in the Countyto require large businessesto disclose on theirwebsite their policies regarding human trafficking.

Vl.

Appendices

A. Scope of Work for Study B. Analysis of Anti-Labor Trafficking Legislation in Washington State C. Compilation of Washington State Trafficking Legislation D. lnterviewees and Work group Participants E. Government Agencies and Organizations Providing Services to Survivors of Labor

F.

Trafficking

Works Consulted

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King County Office of Equity and Social Justice Chinook Building 401 Fifth Avenue, Suite 800 Seattle,

WA 98104

LABOR TRAFFICKING STUDY AND REPORT Scopr or WoRr Background King County is the thirteenth-largest and second-fastest growing county in the country. The

county's rapid population growth is in great part due to its surging technological and business sector, as well as commercial marinas, airports, international ports, and its proximity to the Canadian border. Moreover, the state of Washington is equidistant between Asia and Europe, leading to the high levels of imported and exported goods trafficked through our region each

day. Regrettably, these conditions have also positioned Washington as a "hot spot" in international human trafficking, the world's fastest growing underground economy. Though extensive study has been conducted to assess the root causes of sex trafficking in

Washington state and interventions that are necessary to prevent it, very little is known about labor trafficking and economic exploitation (apart from the sex trade) in Washington, current impacts of King County code and practices on domestic and international workers, nor how King County can best deliver services to victims of labor trafficking. On, November L7,20'J,6, the King County Council directed the County Executive to develop

a

report with options and recommendations on how the County can effectively address the systemic nature of labor trafficking and economic exploitation in the region. An internal project team consisting of County Executive and County Council staff seeks research and writing support to produce the report.

Objectives and Milestones The required report should provide the County with information on the scope of labor trafficking in the region, including the number of people who experience economic exploitation, where and

how it occurs, the nations of origin of individuals experiencing exploitation, and recommendations on practices that can be implemented by the County to ensure that its own goods and services are derived from ethical and humane supply chains. Consulting with community-based organizations, businesses, and county departments, the report shall examine the effectiveness of agencies' current delivery of services to victims and survivors,

how or whether these services currently align as a system, and how current systems leave

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workers vulnerable to being trafficked and/or economically exploited, especially those who have arrived from other countries. The report shall recommend strategies to prevent incidents of labor trafficking and economic exploitation, enhance services to survivors of labor trafficking and economic exploitation, educate businesses on current domestic and international labor laws, educate workers on their rights under these laws, and increase community awareness of labor trafficking and economic exploitation. ln partnership with the internal project team, the consultant may convene a work group comprised of community partners, representatives from the Department of Community and Human services, Finance and Business Operations Division, Prosecuting Attorney's Office, Sheriff's Office, and Counciland Executive staff in the preparation of this report. The study and production of a draft report shall be concluded no later than July 3L,2017 , in order to accommodate delivery of a final report to the County Council by September 1,2077.

Consultant Role and Responsibilities Consultant will conduct independent research, interview content experts and stakeholders, and produce a full draft report that documents process and methodology, and presents key findings and recommendations. ln addition the general objectives defined above, the report shall include, but not be limited to:

o

A list of the governmental and other local agencies that currently interact with the

potential victims of labor trafficking and exploitation;

o

An analysis of the federal, state and local laws and regulations related to labor

trafficking, labor standards, procurement standards, purchasing standards, ethical sourcing and supply chain managemen!

o

A review of King County's current standards and practices in purchasing, procurement,

contracting and supply chain managemenU

o

A review of other County jurisdiction's ordinances, rules and practices that reduce labor

trafficking and economic exploitation through procurement, purchasing, contracting and any other methods that advance ethical sourcing;

o

ldentification of existing national and international best practices for reducing labor trafficking and economic exploitation, helping victims and survivors of labor trafficking and increasing awareness of labor trafficking.

Milestones

o

Project begins by May 7,2077.

LABoR TRAFFTcKTNc Sruov lrrro REpoRT

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o

By July 7, consultant and internal project team may convene a work group to vet

preliminary findings.

o

By July 31, 2017

LABoR TRAFFTCKTNe

Sruov nruo RrpoRr

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the consultant shall submit draft report to County staff.

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Appendix B: Analysis of Anti-Labor Trafficking Legislation in Washington State This section briefly analyzes labor trafficking-related legislation in Washington State, as compared to other states trafficking legislation, the federal Trafficking Victims Protection Act, as reauthorized (TVPA), and the Uniform Act on Prevention of and Remedies for Human Trafficking. This section also includes recommendations for legal reform, which King County may want to support and/or share with trafficking advocates. A comprehensive analysis of Washington's statutory framework governing labor trafficking is beyond the scope of this report, but may be useful as King County moves ahead with its

initiative.

ln2002, Washington was the first state to create a Task Force Against the Trafficking of Persons and, in 2003, became the first state to criminalize human trafficking. The legislature has adopted additional legislation each year thereafter, including the first legislation to require international labor recruiters and domestic employers of foreign workers to disclose federal and state labor laws to employees and to require health care professionals be provided with information to help identify human trafficking victims, including civil penalties for failure to do so.1 Since 2003, every other state in the U.S. has passed similar laws criminalizing human trafficking. ln2O!4, the Polaris Project assigned Washington State's anti-trafficking legislation a perfect score, along with Delaware and New Jersey.2 Washington State now recognizes January 1,1 as Human Trafficking

Awareness Day. RCW 1.16.050. Along with Washington's legislative framework, there are 11 state trafficking frameworks in the top tier of the Polaris ranking.3 According to one source, "[tjhe laws vary in several ways including who is defined as a "trafficker," the statutory elements required to prove guilt in order to obtain a conviction and the seriousness of the criminal and financial penalties those convicted will face."4 As of yet,

there is no Washington case law providing an interpretation of the statutory framework to inform this analysis. lnstead, the Washington law governing labor trafficking is compared to other states as well as the Uniform Act on Prevention of and Remedies for Human Trafficking (20731, which the Uniform Law Commission (ULC) drafted in close cooperation with a number of legaltrafficking experts and service providers, among others.s As part of the drafting process, the ULC reviews existing state and federal laws, here including the federal TVPA.6 1

See

Appendix

C

for a compilation of the state's legislative efforts governing human trafficking.

2

Polaris assigns points to states whose legislation includes the following: sex trafficking provision, labor trafficking provision, asset forfeiture and/or investigative tools, tralning and/or human trafficking task force, lower burden of proof for sex trafficking

of minors, posting human trafficking hotline, safe harbor: protecting minors; victim assistance; access to civil damages, vacating convictions for sex trafficking victims. See Polaris Project, 2074 Stote Rotings on Humon Trofficking Lows (20L41, available online

at: http://polarisproject.org/sites/default/files/2014-5tate-Ratings.pdf. 3

Polaris Project (2014). National Conference of State Legislatures, HumonTrofficking Stote Lows (Dec.2016), available online at: http://www.ncsl.org/resea rch/civil-and-crimina l-justice/human-trafficking-laws.aspx. s The ULC is a non-profit organization established in 1892 to develop non-partisan state legislation where uniformity is desirable. "Over 350 volunteer commissioners-lawyers, judges, law professors, legislative staff, and others-work together to draft laws ranging from the Uniform Commercial Code to acts on property, trusts and estates, family law, criminal law and other areas where uniformity of state law." 6 The ULC drafts uniform legislation to guide states in developing legislation where state uniformity is preferable. The ULC Drafting Committee worked closely with representatives of a number of organizations, including the ABA Center for Human Rights, the ABA Task Force on Human Trafficking, the ABA Section on Business Law, the Polaris Project, the National association of attorneys General, the National Violence Against Women Project, the U.S. Department of State Office to Monitor & Combat Trafficking in Persons, Shared Hope lnternational, the Global Freedom Center, LexisNexis, and representatives from a number of state and local prosecutors' offices. ln 2015, the American Bar Association (ABA) and the Council of State Governments Suggested State Legislation approved this Uniform Act. 4

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When courts interpret (especially new) statutes, they may reference uniform laws to inform their interpretation, although uniform laws are not binding on any jurisdiction. Overall, as the Polaris Project found, Washington State's legislative framework governing labor trafficking is substantively sound, but it also is unwieldy after years of amendments. There also are a few significant gaps discussed below. Despite the soundness of the framework, however, a comprehensive analysis is recommended. The sex trafficking and labor trafficking provisions need to harmonized and consolidated along with a recodification of the framework to improve access, understanding, and ease of application and interpretation.

1.

The Offenses of Trafficking and Corresponding Penalties

State statutes defining trafficking activities are not uniform. For example, in Alaska, a person who benefits from trafficking in any way is guilty of human trafficking in the second degree. Direct involvement is first degree trafficking. Activities that constitute trafficking in other states include: selling, recruiting, harboring, transporting, isolating, enticing, providing, receiving, holding, confining, harboring, purchasing, profiting, soliciting, and depriving liberty.T

L

1

'f y'pes of T'raf

fickirrg

Of

f

t'rtses

ln Washington State, a person is guilty of the single offense of trafficking in the second degree, a class A felony, when he or she: Recruits, harbors, transports, transfers, provides, obtains, buys, purchases, or receives by any means another person knowing, or in reckless disregard of the fact,8 that force, fraud, or coercion will be used to cause the person to engage in forced labor; involuntary servitude; a sexually explicit act; or a commercial sex act. RCW 9A.40.f00(1XaXi)(A). The exception

to the requirement of force, fraud, or coercion is when

a

person under the age of 18 years is caused to engage in a sexually explicit act or a commercial sex act. RCW 9A.40.100(IXAX|XB). Neither consent by the person under the age of 18 years nor that the perpetrator believed that the person was at least 18 years old is a defense. RCW 9A.40.100(5); Senate Bill s813 (effective 7123/17). A person is also guilty of trafficking in the second degree if he or she "benefits financially or by receiving anything of value from participation in a venture that has engaged in the acts above." RCW

eA.40.100(1xb). Trafficking is considered in the first degree, a class A felony, if the acts above o/so involved: (1) kidnapping or attempting to kidnap; (2) a sexual motivation; (3) illegal harvesting or sale of human organs; or (4) result in death. RCW 9A.40.100)(1(b). 7

Nat'l Conf. of State Leg, Humon Trofficking Stote Lows (Dec. 2015), available online at: http://www.ncsl.org/research/civill-j ustice/hu ma n-trafficking-laws.aspx. 8 As defined in RCW 9A.35.070. and-crimina

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ln effect, Washington's statute combines the various types of conduct that may occur during trafficking into a single trafficking offense. ln contrast, the Uniform Act criminalizes each stage of a trafficking venture to ensure that all contributors to trafficking can be prosecuted for their role(s) in the trafficking process. Thus, the Uniform Act recognizes not just one trafficking offense but multiple offenses, including trafficking an individual, forced labor, sexual servitude, and patronizing a victim of sexual servitude. Uniform Act, secs. 3-6. ln the absence of case law, it is difficult to conclude that one way is better than the other. But specifying the different types of conduct that constitute trafficking offenses may be more effective for purposes of training law enforcement, and possibly for prosecution.

1.2

Definitions

There are several concerns with Washington's labor trafficking provisions, which arise from the a pplicable definitions. First, although the statute defines the terms "forced labor," "involuntary servitude," and "commercial sex act," and "sexually explicit act," Washington's statute does not define the terms "fotce" or "fraud" for purposes of prosecuting a trafficking offense. Thus, whether a prosecutor must prove all elements of criminal fraud for purposes of proving a trafficking violation is unclear. The statute also does not define the term, "coercion," instead referring to the definition of the criminal offense of coercion under RCW 94.36.070(1), which is a gross misdemeanor. Under that definition, coercion is "if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in." RCW 9A.36.070. The section on a coercion offense defines the term, "threat" as "to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time." RCW 9A.36.070(2). The term "threat," however, also could mean "communicate, directly or indirectly the intent: (a) To cause bodily injury in the future to the person threatened or to any other person; or (b) To cause physical damage to the property of a person other than the actor; or (c) To subject the person threatened or any other person to physical confinement or restraint." RCW 94.36.070(2); RCW 9A.04.770(27) (a), (b), or (c). There is no definition of "coercion" or "threat" specific to the offense

of trafficking. ln contrast, the Uniform Act specifically defines the term, "coercion," by including the various and specific types of conduct seen in trafficking scenarios, rather than referencing more general statutory definitions. The Uniform Act definition focuses on the use of force, abduction, restraint, and the threat of serious harm. Other types of conduct included within the definition of coercion are through the abuse of law or legal process; through drug addiction; by destruction or withholding of identification; or by the "use of an individual's physical or mental impairment when the impairment has a substantial adverse effect on the individual's cognitive or volitional function." lt also includes and defines the term "debt bondage" for purposing of trafficking. Uniform Act sec. 2(2).

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Thus, under Washington law, parties will be confronted with vague definitions of "coercion" and "threat" that may or may not apply; ambiguity as to whether a prosecutor must prove the elements of criminal fraud; and what behavior constitutes the term, "force" for purposes of trafficking.

Recommendations: Add a section to chapter RCW 9A.40.100 that defines the term "coercion" for purposes of the trafficking offense, ensuring that known traffic-related behavior is included, and delete references to a more general definition of coercion and force. Review and clarify all definitions that apply to trafficking and revise RCW 9A.40.100. Conduct a comprehensive analysis of the legal framework, harmonizing the sex trafficking and labor trafficking provisions as well as consolidating the various trafficking-related provisions under a trafficking statute to improve access, understanding, and ease of application and

o

o o

interpretati

1.3

Penalties for Trafficking

Washington State imposes a sentencing range of 10 years, 3 months to 33 years for trafficking in the first degree, depending on the offender's prior criminal history (aka offender score under the Sentencing Reform Act). Trafficking in the second degree carries the same sentencing range, depending on criminal history, but with fewer months at each offender score. RCW 9.94A.510 (at seriousness levels of XIV and Xlll, respectively. RCW 9.94A.515). Like under the Uniform Act, a trial court may find aggravating circumstances that justify an exceptional sentence outside the sentencing guidelines, including where any victim of trafficking was a minor at the

time of the offense. RCW 9.94A.535; RCW 9.94A.537. Washington State also assesses a St0,000 fee on a person convicted of a trafficking offense (or where there is deferred prosecution), unless the court finds that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee. RCW 9A.a0.100(4Xa ). ln contrast, a person found guilty of human trafficking in California can be sentenced from a range of five years to life and assessed a fine of 5500,000. Cal. Pen. Code 5 236.1 & 236.4. The court also has discretion to assess an additional fine of 51,000,000. Cal. Pen. Code 5 235.4.

Recommendotion:

o

Consider increasing the amount of the fine and prison terms for convicted traffickers to more align with other states' penalties for trafficking.

1.4

Crirrrinal Restitution

Victim restitution is part of a criminal defendant's sentence, the purpose of which is to make the victim whole through financial redress. Many states require trafficking offenders to pay criminal restitution to their victims, although a national study found that few labor trafficking survivors receive restitution.s This may be because collection of restitution is often limited by the offender's ability to pay as well as e

Owens, C. et al., 20t4. Understonding the Orgonizotion, Operotion, ond Victimizotion Process of Lobor Trofficking in the United Stotes, Washington, DC: Urban lnstitute.

4

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the efficacy of the system monitoring compliance with this sentencing condition. ln a trafficking case, restitution may also be less likely if, upon conviction, the defendant was undocumented, because upon release from prison the defendant would likely be deported, which complicates collection. ln some states, victim restitution in trafficking cases includes payment for medical and psychological services, housing, childcare, repatriation, and the costs of provided labor. North Carolina requires restitution in an amount equal to the value of the survivor's labor according to the Fair Labor Standards Act.10

ln California, restitution specifically for trafficking survivors is the economic loss, calculated based on the greatest sum of the following: "the gross value of the victim's labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victim's labor as guaranteed under California law, or the actual income derived by the defendant from the victim's labor or services or any other appropriate means to provide reparations to the victim." Cal. Civ. Code 5 [email protected]). The Uniform Act grants restitution to trafficking survivors for past and future expenses reasonably certain to occur as a result of trafficking, including reasonable attorney's fees and costs; an amount equal to the greatest of gross income to the offender or value of the victim's labor or services, excluding the costs of maintenance of the victim, among others. Unif. Act., sec. 10.

Washington requires an offender to pay restitution where the offense resulted in injury to any person or damage to or loss of property. RCW 9.94a.753(5). Restitution is to be based on "easily ascertainable damages" and cannot include reimbursement for mental anguish, pain and suffering, or other intangible losses, but includes the costs of counseling reasonably related to the offense. RCW 9.94a.753(3). The restitution amount can "not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime." RCW 9.94a.753(3). Where the offense is rape of a child and the victim becomes pregnant, restitution includes medical costs and child support. RCW 9.94a.753(6). There is no restitution specific to the unique losses of trafficking survivors and no allowance for future expenses. Recommendation:

o

Add a sub-section to RCW 9.94a.753 (or under RCW 94.40.100) to require courts to impose restitution tailored for trafficking survivors (much like the California restitution statute) as well as future expenses reasonably certain to occur as a result of the trafficking, including the costs of housine for a and mental health services.

1.5

Asset Forfeiture

Legislatures provide for forfeiture of certain assets of an offender to compensate victims of crimes as well as to prevent offenders from profiting from their crimes. At least 27 states and the District of Columbia authorize forfeiture in trafficking cases as well as prescribe a specific procedure for forfeiture in trafficking cases. States vary, however, as to which property is subject to forfeiture in trafficking cases and the procedure for forfeiture. Washington has several forfeiture provisions that apply to human trafficking but none specific to labor trafficking.

10

Nat'l Conf. of State Leg., Humon Trafficking State Laws: Judiciol Protections available online at: ma n-trafficking-laws.aspx.

http://www.ncsl.orglresea rchlcivil-a nd-crimina l-justice/hu

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Washington has two applicable general forfeiture provisions, and a third applicable to commercial sexual exploitation of a child and promotion of prostitution. The first general forfeiture statute is intended to compensate the victim as part of restitution. RCW 7.68.310(1); RCW 7.68.330. Under that statute, the only property subject to forfeiture is tangible and intangible property acquired as a direct or indirect result of the trafficking offense. RCW 7.68.310(1). That property also includes any traceable proceeds from the property described above. RCW 7.68.310(2). Forfeiture of assets involved in a felony is also permitted. RCW 10.105.010. Underthat provision, the property subject to seizure is only personalproperty, "which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony." RCW 10.105.010. Forfeiture of a defendant's assets is also authorized upon conviction of commercial sexual abuse of a child (and promoting such acts) and prostitution (and promoting prostitution). RCW 94.88.150. Property subject to that forfeiture provision is property acquired or maintained in violation of the acts above. RCW 9A.88.150.

ln contrast, California's trafficking statute provides for the forfeiture of assets "used in, or benefitted from" the trafficking violation. Cal. Pen. Code 5 236.7. The scope of property subject to forfeiture in trafficking violations is even broader in Florida, which authorizes the seizure of "[a]ny real property or personal property that was used, attempted to be used, or intended to be used . . . in violation of the trafficking statute." Fl. St. 5 787.06(7). ln addition, California's statute prescribes certain forfeiture procedures to include the freezing of assets upon filing of a complaint alleging trafficking violations. And if the victim is under 18 years, the process includes allocation of proceeds to a fund that supports community-based organizations providing services to trafficking survivors. See Cal. Pen. Code 5 186.8; 236.6;236.7.

Washington allows pretrialattachment under certain circumstances, not specific to trafficking. See ch.6.25 RCW. There appears to be no specific forfeiture procedure for trafficking-related property in Washington State.

Recommendations:

o r

Add forfeiture provisions specific to real and personal property used in or benefitting from labor trafficking violations and/or amend RCW 9A.88.150 to include violations of the human trafficking statute, RCW 9A.40.100; and Allow for the freezing of assets during the pendency of a criminal proceeding involving trafficking and all monies and proceeds upon sale of that property be assigned to a state fund for service or housing providers to draw on in their assistance of trafficking survivors.

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'1..6 Explicit Corporate Liability for Trafficking Several states explicitly allow businesses and corporations to be prosecuted for trafficking crimes, including Alabama, Georgia and Mississippi.ll Washington's Criminal Code defines a "person" for purposes of criminal liability, including the trafficking offense, to include a corporation, joint stock, association, or a n unincorporated association.12 The Uniform Act goes further than Washington's law, however, by explicitly establishing criminal liability for business entities that knowingly engage in trafficking, including the business' employees or agents engaged in human trafficking as part of a pattern of activity for the benefit of the business, and where the entity knew it was occurring and failed to stop the activity. Uniform Act., sec. 7. ln the event of a conviction, the business entity is fined not more than S1,000,000 per offense, must disgorge profit arising from the trafficking activity; and be barred from holding state and local government contracts. ln contrast, Washington assesses the same trafficking penalties on corporations as individuals (prison term and S10,000) rather than tailoring trafficking penalties specifically to target business interests.

Recommendation: Amend RCW 9A.40.100 to explicitly call out the criminal liability of a business and assign relevant penalties, including possible revocation of its corporate charter.

o

2.

Victim Protections

2.1 Criminal

Statute of Limitations

Washington State's Legislature just extended the statute of limitations for trafficking offenses from three years to ten years. See Senate Bill 5030, eff. July, 23, t7.ln doing so, the State Legislature recognized that, "Because of the serious nature of human trafficking related offenses, and the power, control, and exploitation exerted over victims, the legislature finds the statute of limitations on these offenses should be extended. Victims are often under the control of their trafficker for significant periods of time and may not be willing or able to report their perpetrator until they are free from their control." See Senate Bill 5030, etf .71231L7. Other states' statutes of limitations vary. ln Alabama, there is no statute of limitation for first or second degree human trafficking, whereas Minnesota requires actions be brought within six years for trafficking of an adult, which begins when the offense has ended, although there is no statute of limitation if the survivor is under 18.13 The Uniform Act provides a 2O-year statute of limitations (Unif. Act., sec. 12) and the federal TVPA provides no time limit on causes of action.

11

Also see: Human Rights First, Corporote Liobility ond Humon Trafficking (2015), available online at:

http://www.huma nrightsf irst.org/sites/defau ltfiiles/H RFCorporateLia bilityTraffickingreport. pdf 12 Note that in the 2015-2016 state legislative session, the definition of "any person" was added to read "adults and children of any nationality," which applies only to chapter 79.32o of the Revised Code of Washington. Senate Bill 5342, eft. June 9, 2016. 13 Renewal Forum, Why Sex Trofficking Should Not Have o Stotute of Limitations (no date), available at: http://renewa lforu m.org/wp-content/u ploads/H u ma n-Trafficking-Statute-of-Limitations-Report.pdf .

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Recommendation: Monitor and record future efforts of the prosecutor's office to bring cases under the state trafficking law to determine whether the ten-year limitations period cuts off otherwise viable prosecutions.

o

2.2

Privileged Communications

Legal privileges protecting confidential communications between individuals and professionals exist to

help foster those relationships and ensure trust.la ln order to promote survivors' confidence and secure trust, service providers who assist victims of violence and abuse must be able to ensure the confidentiality of their communications with clients. Unlike a few other states, there is no legal privilege for confidential communications between a survivor and his or her trafficking caseworker/service provider in Washington. ln California, communications between the victim and a human trafficking caseworker are protected from disclosure to a third party. CA Ev. Code I 1038 (2013). The effect of asserting the privilege is that the caseworker cannot be compelled to disclose privileged communications in trials, hearings, depositions, or during other court processes.

Recommendation: o Advocate for the establishment of a legal privilege under state law to protect confidential communications between trafficking survivors and caseworkers/service providers.

2.3

Civil Cause of Action for Trafficking

Washington and 31 other states, the WPA, and the Uniform Act all provide trafficking survivors a private right of action against their alleged traffickers, although there is much variation among states.ls Washington law also creates an additional cause of action for foreign workers against domestic employers and international recruitment agencies for failure to disclose foreign workers' labor rights in Washington. RCW 19.320.040. The plaintiff in such a case may be awarded from S2S0 to 5500, or actual damages, whichever is higher, as well as equitable relief, and attorney's fees and court costs. RCW 19.320.040. The two factors most relevant here are: (1) the statute of limitations for bringing a civil action; and (2)

the types of allowable civil damages.ls

1a For a comparison of the various legal privileges recognized by each state, see Legal Momentum, Stote Confidentiality Statutes, available from the authors. 1s Polaris (2014); 18 U.5. Code $ 1595; Uniform Act, Section 18, Comment, p. 23. 16 For an extensive discussion on bringing a civil suit for trafficking, although dated, see Civil Litigotion on beholf of Trofficking Victims, Southern Poverty Law Center, 2008, available online at: http://www.splcenter.orgl20081201/civil-litigation-behalfvictims-hu man-trafficking.

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'

2.3.1

Statute of Limitations for a Civil Action

with criminal suits, the WPA provides no time limit within which a plaintiff must file a civil suit a lleging trafficking-related damages.

As

California grants a civil cause of action to a trafficking survivor, provided that action is brought within seven years of the date the survivor was free from the trafficking situation or, for minors, ten years after he or she turns 18. Cal. Civ. Code 5 52.5(c). ln Massachusetts, a survivor has three years to bring a civil action against his or her alleged perpetrator, although if they were children, they have within three years after they reach 18.17 ln Washington, a survivor who sustained injury to his or her person, business, or property due to trafficking (or the state) may file a civil suit against the perpetrator within three years of the final disposition of any criminal charges relating to the underlying human trafficking offense. RCW 94.82.100. Such a provision appears to preclude a civil suit where criminal charges were never brought.

2.3.2 Allowable

Danrages in a Cir.'il Actiolt

Almost all states allow survivors to claim recovery of actual damages. But only approximately one-third allow survivors to claim compensatory damages, and one-half allow survivors to claim punitive damages, injunctive relief, attorney's fees, and costs.18 The federal TVPA allows trafficking survivors to file civil law suits in federal district court to recover actual and punitive damages as well as reasonable attorney's fees and costs. l-8 U.S.C. 5 1595. Under

that provision as an example, an lndian woman trafficked for labor was awarded a total of 57,228,797, plus 5220,898 and 58,640 in legal fees and costs, respectively.ls ln California, a trafficking survivor can bring a cause of action against his or her trafficker for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief, as well as attorney's fees and costs. Cal. Civ. Code 5 52.5(a). West Virginia and Pennsylvania grant a trafficked survivor the right to recover treble damages if the defendant's acts were willful and malicious.2o And a recent enactment in Pennsylvania not only allows a civil action against traffickers, it allows an action against those who knowingly market or provide goods or services to a person liable for sex trafficking.21

lTNational Conferenceof StateLegislatures, HumonTroffickingstateLows:ludiciol Protections(2016),availableonlineat: http://www. ncsl.orglresearch/civil-and-crimina l-justice/huma n-trafficking-laws.aspxltta bs-1. 18

Polaris (2013).

1s

Polaris Project, 201.3 Analysis of State Humon Trofficking Lows l2OL3l, citing Gurung v. Holtro,851 F. Supp. 2d 583 (S.D.N.Y.

20L2],.

20National Conferenceof StateLegislatures, HumonTroffickingstoteLaws: Judiciol Protections (2016),availableonlineat: http://www.ncsl.org/resea rch/civil-and-crimina l-justice/hu ma n-trafficking-laws.aspxltta bs-1. 21 8 Pa.C.S. 5 3051(bX1); Villanova Law lnstitute to Address Sexual Exploitation, New PA Humon Trofficking Stotute, Act 705, Provides Civil Remedy for Victims of Humon Trofficking (June 2015), available at: http://cseinstitute.org/new-pa-humantrafficking-statute-act-105-p rovides-civil-re medy-victims-hu ma n-trafficking/.

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Washington grants survivors of trafficking the right to bring a civil suit, where he or she sustained injury to his or her person, business, or property due to trafficking, against the trafficker for recovery of "damages" and the costs of the suit, including reasonable investigative and attorney's fees. RCW 9A.82.100(1). ln addition, upon proof of a violation of the trafficking statute, a court may impose a civil penalty up to s250,000. Rcw 94.82.100. Recommendotions:

o

o o

Extend the limitations period for civil suits to at least seven years from the date from which the survivor was freed from the trafficking situation, and remove any requirement that the defendant have been criminally charged. Consider expanding the types of damages that can be claimed, including treble damages, as allowed under RCl,\, 19.86.090. Amend RCW 9A.82.100 to allow a civil action against a defendant found guilty under the federal TVPA.

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Appendix C: Compilation of Washington State Trafficking Legislation

Jeanne Kohl-Welles Councilmember, District 4

Metropolitan King County Council Landmark Washington State Accomplishments to Prevent Human Trafficking and Sexual Exploitation of Minors

Preface Human trafficking is a global problem that coerces an estimated 21 million persons around the world into forced labor, slavery, and sexual exploitation. Most consumers are unaware that many services and goods are produced by a human trafficking workforce composed of men, women, and children who are exploited for domestic work, agriculture, construction, and manufacturing industries while huge profits are gained by the businesses who exploit them. Sexual exploitation for commercial purposes is another aspect of human trafficking that has a devastating impact on

individuals. Sex trafficking and labor trafficking frequently overlap.rThe lnternational Labor Organization estimates that there are currently 4.5 million people trapped in forced sexual exploitation around the world. U.S. citizens, foreign nationals, women, men, children, and LGBTQ individuals can be victims of sex trafficking. Sex trafficking

victims are often controlled physically, emotionally and financially. Sex trafficking exists within diverse venues including fake massage businesses, online escort services, residential brothels, in public on city streets and at truck stops, strip clubs, hotels and motels, and elsewhere.zSex trafficking occurs right here in Washington state.s Washington State is a leader in enacting state laws to combat human trafficking in all its forms. ln 2OL2, Washington's antitrafficking legislation was ranked at the top of all 50 states according to the Polaris Project's ratings. q Each session from 2002 to present, Washington's legislature builds on its longstanding efforts to enact laws to effectively combat human trafficking in all its forms.

Summary Washington state is a hotspot for labor trafficking due, in part, to its many ports and its diverse business landscape. Washington continues to be identified as a very progressive state and a national leader in its legislation, its policies, and its interventions to combat human trafficking. Washington's anti-human trafficking policies use a multi-faceted approach often referred to as the "3 P's"-prosecution, prevention, and protection. Year-by-year, Washington's state and local governments and its community organizations have expanded anti-trafficking activities to build the public's awareness about human trafficking, to reach out to trafficking victims, to help trafficking survivors with a wide range of support services, and to strengthen law enforcement resources and training for those who investigate and prosecute persons who commit human-trafficking crimes.

Washington was the first state to establish a Task Force Against the Trafficking of Persons. ln 2015, the task force has been renewed and expanded. The state's anti-trafficking task forces and work groups, measure and evaluate the outcomes of anti-trafficking policy initiatives and programs in order to improve their effectiveness. ln

2OO2,

Also in 2015, Washington's Department of Commerce Office of Crime Victims Assistance is authorized to create a new web portal and information clearinghouse to be a single point of contact in the state for access to the most current information and resources on Washington's anti-trafficking work and similar work at the federal level and in other states.

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ln 2010, in anticipation that the Winter Olympic Games held in British Columbia might result in an increase of human trafficking activity along the lnterstate 5 corridor, the legislature authorized anti-trafficking posters to be placed in each l-5 Department of Transportation rest stop. The posters featured a toll-free number for trafficking victims to contact for help. The posters were produced and placed at no cost to the state by non-profit anti-trafficking organizations. ln 2015, the legislature builds on the success of the rest stop posters by authorizing the Department of Commerce Office of Crime Victims Assistance to work with the business community and with anti-trafficking stakeholders to develop a new anti-trafficking notice that will be available to any business that has a public restroom. Like the 2010 posters, the public restroom notices will be produced at no cost to the state. The following is a year-by-year review of Washington's significant anti-trafficking legislation. 2002 House Bill (HB) 2381 created the Task Force Against the Trafficking of Persons-the first of its kind in the nation-directed to measure and evaluate the state's progress in trafficking prevention activities, identify available programs providing services to victims of trafficking, and recommend methods to provide a coordinated system of support and assistance to victims of trafficking (Veloria). Not codified; Report issued in 2004 (see below) Senate Bill (SB) 6412, the lnternational Matchmaking Organization Act-also the first of its kind in the nation-established protections for prospective foreign spouses of Washington residents who go through online international marriage brokers by requiring the brokers to notify recruits in their native language that background check and marital history information is available for prospective spouses who are Washington residents (Kohl-Welles). RCW 19.220.010. The Washington State Task Force Against the Trafficking of Persons issued its first report and recommendations

(http://www.commerce.wa.gov/Documents/OCVA-HT-2002-HT-Report.pdf). 2003 HB 1175 created two human trafficking crimes, both class A felonies, and expanded the definition of criminal profiteering to include the crime of trafficking-making Washington the first state in the nation to criminalize trafficking and specify criminal and civil penalties (Veloria). RCW 9A.40.100. HB 1826 increased protections for prospective foreign spouses by also making personal history information available to them, including spousal abuse and founded child abuse (Veloria). RCW 79.220.070.

The Federal lnternational Marriage Broker Regulations Act is sponsored by U.S. Sen. Maria Cantwell and U.S. Rep. Rick Larsen, modeled after the 2002 lnternational Matchmaking Organization Act.

2004 The Task Force released its second report (http://www.commerce.wa.Rov/Documents/OCVA-HT-2004-Task-Force-

Report.pdf). 200s SB 5127 created requirements for state agencies to develop written protocols for the delivery of services to victims of human trafficking ( Kohl-Welle sl. RCW 7.68.360

State funding was provided for legal aid to undocumented immigrants who are victims of sexual assault, domestic violence, or

human trafficking. The Task Force released its third report (http://www.commerce.wa.gov/Documents/OCVA-HT-2005-Task-Force-Report.pdf

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).

2006 SB 6731 prohibited sex tourism-making WA the second state in the nation to do so (Fraser). RCW 9A.88.085. Task Force funding was renewed and the task force was directed to create a Comprehensive Response to Human Trafficking-a coordinated system containing seven components, including prevention, victim identification and victim services. The Federal lnternational Marriage Broker Regulation Act was signed into law as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005. Pub. L. No. 709-762, 119 Stat. 2960 (2006).

2007-2008 SB 6339 added victims

of human trafficking to the list of persons eligible for the state's address confidentiality program (Kohl-

Welles). RCW 40.24.070.

four new crimes relating to child sexual exploitation: commercial sexual abuse of a minor (CSAM) that replaced the crime of patronizing a juvenile prostitute, promoting CSAM, promoting travel for CSAM, and permitting CSAM. lt also added an additional one-year penalty to the sentence for a conviction of the most serious crimes of child sex abuse if the offender paid to engage in the abuse (Kohl-Welles). RCW 9.68A.700 through .103. The Task Force released its fourth report (http:/&uww.commerce.wafov/Documents/OCVA-HT-2008-HT-Rgport.pdf ).

SB 5718 created

2009 SB

5850-the first legislation of its kind in the nation-required international labor recruiters and domestic employers of

foreign workers to disclose federal and state labor laws to employees and required health care professionals be provided with information to help identify human trafficking victims (Kohl-Welles). RCW 19.320.020. HB 1505 allowed prosecutors to divert cases in which a minor is alleged to have committed the offense of prostitution, if the juvenile agrees to participate in a program that provides wraparound services, including mental health counseling (Dickerson). RCW 13.40.213. 20LO

the list of employees who must be provided with federal and state labor laws, and established civil penalties for labor recruiters and employers who fail to do so (Kohl-Welles). SB 5332, built on SB 5850 enacted in 2009, added nonimmigrant workers to RCW 79.320.010. SB 6476 strengthened penalties for the crime of commercial sexual abuse of a minor and required development of training

for

law enforcement officers. lt also requires the prosecutor to file a diversion for a juvenile's first prostitution-related offense, even if the juvenile has other criminal history (Stevens). RCW 9.68A.700, .707, ond .705, ond 9A.88.740.

informational posters on domestic trafficking, including trafficking of minors and a "1-800" number, to be placed at rest stops throughout the state which could be very helpful for individuals being taken to international events, such as the Winter Olympics which were held in British Columbia (Kohl-Wellesl. RCW 47.38.080.

SB 6330 allowed

20tL authorized local governments to use affordable housing funds to provide housing assistance to victims of human trafficking and their families (Kohl-Wellesl. RCW 36.22.778, .179, ond .7797. SB 5482

HB L874 authorized law enforcement officers to conduct surveillance operations on suspected human-trafficking and commercial sexual abuse activities with the consent of the victim. lt also authorized prosecutors to request assistance from minors in the undercover surveillance of telephone communications in trafficking investigations without putting youth in danger (Dickerson). RCW 9.73.210 ond .230. SB 5545 amended the crime of human trafficking to include the illegal harvesting or sale of human organs and broadened the scope of the crimes to hold criminals accountable when caught transporting a person despite not knowing whether the

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person would eventually be forced into prostitution or manual labor (Kohl-Welles). RCW 9A.40.700 ond .070, 9.95.062, and 10.64.025.

20L2 SB 6251 created a new crime, making

it illegalto knowingly publish an escort ad on-line or in print that involves a minor (Kohl-

Welles). Chopter 9.68A RCW.

the crimes of commercial sexual abuse of a minor and promoting commercial sexual abuse of a minor to the list of offenses that may constitute a pattern of criminal profiteering activity (Kline). RCW 9A.82.070 ond .700.

SB 6252 added

to seize any proceeds or property that facilitate the crimes of commercial promoting minor, sexual abuse of a sexual abuse of a minor, or promoting prostitution in the first degree (Eide). Chopter

SB 5253 authorized law enforcement agencies

9A.88 RCW. SB 5254 criminalized the act of compelling a person

with a disability that renders the person incapable of consent to engage

in an act of prostitution (Delvin). RCW 9A.88.070.

to the list of gang-related crimes the promotion of sexual abuse of a minor that provides the gang with an advantage, control, or dominance over a market sector (Conway). RCW 9.94A.030. SB 6256 added

defined sexually explicit acts with regard to sex trafficking and promoting the sexual abuse of a minor and added sexually explicit acts to these offenses (Roach). RCW 9.58A.101 ond 9A.40.700. SB 6257

to lure a minor or a person with a cognitive disability into any transportation terminal or into a motor vehicle (Stevens). RCW 9A.40.090.

SB 6258 criminalized ordering, luring, or attempting

affirmative defense in any prosecution for prostitution in the first degree, or trafficking in persons under the Trafficking Victims Protection Act, and allowed minors who were convicted of prostitution resulting from being trafficked by force, fraud, or coercion to request the court to vacate the conviction (Fraser). RCW 9.96.060 and Chapter 9A.88 SB 6255 established an

RCW.

prohibited anyone from practicing reflexology or representing himself or herself as a reflexologist unless certified as reflexologist or licensed by the health department as a massage practitioner (Keiser). Chopter 18.108 RCW

SB 6103

a

HB 1983 increased the fees imposed against individuals convicted of promoting or patronizing prostitution and required that an offender with a prior conviction for promoting prostitution in the first or second degree register as a sex offender (Parker). RCW 9A.40.700,9A.44.728,9A.88.720,9.68A.105,3.50.700, 3.62.020, 3.62.040, 70.82.070, ond 35.20.220.

HI32692 increased the additionalfine a person must pay when convicted of patronizing a prostitute and requires those fees be used to pay for increased enforcement and prevention programs (Orwall). RCW 9A.88.130, 3.50.700, 3.52.020, 3.62.040, 10.82.070, ond 35.20.220. HB 2L77 prohibited the duplication or distribution of child pornography as part of the discovery process in a criminal prosecution, and instead required the material to be made reasonably available to the prosecutor, defense attorney, and expert witnesses who may testify at trial (Ladenburg) . Chapter 9.68A RCW.

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2013 SSB 5308 creates a statewide coordinating committee to recommend ways to combat the commercial sexual exploitation of children. This new Commercially Sexually Exploited Children Statewide Coordinating Committee will examine laws and practices of local and regional entities to address issues relating to commercially and sexually exploited children and make recommendations for statewide protocols, laws and practices (Kohl-Welles). Chopter 7.68 RCW.

top of existing penalties for using online ads to facilitate the commercial sexual abuse of a minor. The bill defines an internet advertisement as a statement in electronic media that would be understood by a reasonable person to be an implicit offer for sexual contact or sexual intercourse in exchange for something of value (Kohl-

SB 5488 imposes a S5,O0O fine on

Welles). Chopter 9.68 RCW ond Chopter 9.68A RCW.

that to receive initial certification as a teacher, an applicant must complete training on how to recognize and prevent commercial sexual abuse and exploitation of minors. Certificated and classified school employees must complete training in their orientation and every three years thereafter. The Washington Coalition of Sexual Assault Programs, in consultation with other organizations, must update existing educational materials informing parents and other interested community members about how to prevent children from being recruited into sex trafficking, among other issues (KohlWelles). RCW 28A.470.035, 28A.300.745, 28A.400.317.

SSB 5563 requires

for a victim of trafficking and sexual exploitation up to L4 years of age to testify outside the presence of her or his abuser. This bill also tightens current laws addressing trafficking, clarifies that victim consent cannot be used as a defense in the prosecution of a trafficking crime, including when an abuser utilizes an online platform to recruit or sellthe victim for

SB 5659 allows

sex (Padden). RCW 9.68A.090, 9.68A.700, 9.68A.101, 9.68A.702, 9.68A.703, 9A.44.020, 9A.44.728, 9A.44.750, 9A.82.070,

73.i4.732, 94.40.100. EHB 1291 creates a Statewide Coordinating Committee on Sex Crimes composed of community agencies, legislators and

agencies providing services to victims of sex trafficking. This bill also details how the committee will oversee the distribution of funds collected from trafficking crimes to services for victims of sex trade, including revenue collected from impounding vehicles when the driver is involved in exploiting a sex trafficking victim. Fifty percent of revenue from fees and fines for sex crimes must be spent on preventative and rehabilitative services for victims of sex trafficking (Orwall). RCW 43.63A.740, 9.68A.705, 9A.88.720, 9A.88.740, 43.280.

2014 Senate Joint Memorial (SJM) 8003 requests that Congress amend the federal Communication Decency Act enacted in 1996 in order to reflect changes in the scope and role of the internet, and the publisher-like role of companies, such as backpage.com, which facilitate child sex trafficking by allowing their online platforms to run adult escort services ads without age verification of those depicted in the ads (Kohl-Welles).

involuntary servitude when an individual is being coerced to perform labor by another person who threatens to withhold or destroy documents relating to immigration status or threatens to contact law enforcement to notify that a person is in the United States in violation with immigration laws. A person is committing coercion of involuntary servitude regardless of whether they are providing compensation or benefits for the forced labor performed. Coercion of involuntary servitude is a class C felony (Fraser). Chopter 9A.40 RCW and RCW 9A.40.010. SSB 6339 addresses

SHB 1791 expanded the definition of "sex offense" to include trafficking in the first degree when the trafficked person is caused to engage in a sexually explicit act or a commercial sex act. A finding of sexual motivation is not required in order for the offense to qualify as a sex crime. The bill was amended with language from SB 6017 (Kohl-Welles) that permits the seizing law enforcement agency to keep 90 percent of proceeds obtained through seizures and forfeitures for cases in which the

crime was committed in connection to child pornography, commercial sexual abuse of a minor, or promoting prostitution (Parker). RCW 9.68A.120, 9A.40.1.00, 9A.44.728, 9A.88.150

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SHB 1292 addresses the vacating of prostitution convictions when the person committed the offense as a result of being a victim of Trafficking, Federal Trafficking in Persons, Promoting Prostitution in the first degree or Commercial Sexual Abuse of Minor. An individual can apply and have the record vacated regardless of whether other prior records of prostitution convictions were vacated or if there are pending prostitution charges. The applicant must show by a preponderance of evidence that the elements of the crime she or he is charged with were a result of the applicant having been a victim of Trafficking, FederalTrafficking in Persons, Promoting Prostitution in the first degree, or CommercialSexualAbuse of a Minor (Orwall). Chapter 9.96 RCW ond RCW 9.96.060.

a

2015 SSB 5215 creates the Washington lnternet Crimes Against Children Account, which will be administered by the Criminal Justice Training Commission. The account must be used exclusively for combating lnternet-facilitated crimes against children, promoting education on lnternet safety to the public and to minors, and rescuing child victims from abuse and exploitation (Roach). Chopter 43.701 RCW.

directs the Department of Commerce office of Crime Victims Assistance (OCVA) to develop and maintain a web portal and information clearinghouse as a single point of contact regarding Washington State's efforts to combat human trafficking. The OCVA must also review and approve a model anti-trafficking information notice taking input from interested businesses and anti-trafficking advocates. The notices will be voluntarily posted in public restrooms at no cost to the state. The Washington State Task Force on the Trafficking of Persons is restored to active status with expanded membership of state officials and stakeholders. The task force must evaluate the effectiveness of the state's efforts to combat all forms of human trafficking and must make findings and recommendations as needed. The Commercially Sexually Exploited Children Statewide Coordinating Committee is extended through 2017 with 3 additional members-2 representing service providers and 1 trafficking survivor. The committee must evaluate implementation of the 2010 law on sex crimes involving children and issue a report by February L,2076. (Kohl-Welles). RCW 7.68,7.68.350, 7.68.801,47.38. ESSB 5884

the Office of Crime Victims Advocacy to establish a statewide training program on human trafficking laws for criminaljustice personnel, and to provide a biennial report to the Legislature on the program (O'Ban). Chopter 43.280 RCW.

SB 5933 requires

2SHB 1281 assesses an additional fine of SfOOO for each depiction or image of visual or printed matter that constitutes a separate conviction under RCW 9.68A/070, Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct. Creates a Child Rescue Fund for deposit of the new additional fines. The Attorney General is authorized to grant 25 percent of the receipts in the Child Rescue Fund to child advocacy centers as defined in RCW 26.44.020 and to grant 75 percent of the receipts to the Washington State lnternet Crimes Against Children Task Force for investigation and prosecution of crimes

against children. (Sawyer) RCW 9.68A.

2016 2SHB 2530 requires the Washington state Patrol to create and operate the Statewide Sexual Assault Kit Tracking system.

Authorizes the Department of Commerce to accept private donations to fund the testing of previously unsubmitted sexual assault kits and training for sexual assault nurse examiners. (Orwall) RCW 36.27.020; 42.56.240; 43.794.040; 43.43; 35.27. (Hosegowo ). RCW 19. 320.010.

to the Human Trafficking chapter of RCW for the following terms: any person; menace of any penalty; forced labor; human trafficking or trafficking; and work or service. Menoce of any penalty is all forms of criminal sanctions and other forms of coercion; Forced work is all work exacted under the menace of any penalty and where the person has not voluntarily offered to work; Humon trafficking is an act conducted to exploit, including forced work, by any means. Examples of means include the threat of use of force or other forms of coercion, abduction, fraud or deception, abuse of power, or abuse of position of vulnerability; and Work or service includes all types of legal or illegal work, employment or occupation. SB 5342 adds definitions

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SB 6376 recognizes January 11 as Human Trafficking Awareness Day in Washington state. (Froser/. RCW 1.15.050'

supports increased education, stronger laws and law enforcement, and the promotion of justice to reduce the exploitation of all people, including women and children . (Chose).

SR 8644

the unranked class C felony of luring with intent to harm or to facilitate the commission of any crime. A person commits the crime of luring if the person orders, lures, or attempts to lure a minor or a person with a developmental disability into any area or structure that is obscured from or inaccessible to the public, or away from any area or structure constituting a bus terminal, airport terminal, or other transportation terminal, or into a motor vehicle without the consent of parent or guardian and with the intent to harm the health, safety, or welfare of the minor or person with a developmental disability or with intent to facilitate the commission of any crime. (Peorson). RCW 94.40.090.

SB G463 establishes

20L7 HB 1079 Human Trafficking and Promotion Prostitution - No Contact Orders: - DIGEST (SUBSTITUTED FOR - SEE 1ST SUB) Requires a defendant who is charged by citation, complaint, or information with an offense involving trafficking or promoting prostitution in the first or second degree and not arrested to appear in court for arraignment in person, no later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. Requires the court, at that appearance, to determine the necessity of imposing a no-contact order and consider 1079f/Bill xt.lee.wa other conditions of pretrial release. http: S.SL.pdf HB 1184 patronizing a Prostitute - Location of Crime: - DIGEST (SUBSTITUTED FOR - SEE 1ST SUB) Provides that the crime of patronizing a prostitute may be considered as being committed in more than one location. For instance, a person who sends a communication to patronize a prostitute is considered to have committed the crime both at the place from which the contact was made and where the communication is received. http://lawfilesext.lqe.wa.eov/biennium/201718/Pdf/Bi ls/Sessio n%201-aws/Ho use/1 184-S.S L. odf I

HB 1988 lmplementing a Vulnerable Youth Guardianship Program: - DIGEST (SUBSTITUTED FOR - SEE 1ST SUB) Authorizes a vulnerable youth to petition the court to have a vulnerable youth guardianship established for him or her by filing a petition in

juvenile court. Gives jurisdiction to the juvenile division of superior courts to appoint a guardian for a consenting vulnerable youth who has been abandoned, neglected, or abused by one or both parents, or for whom the court determines that a guardian is otherwise necessary as one or both parents cannot adequately provide for the youth such that the youth risks physical or psychological harm if returned to the youth's home. http://lawfilesext.leg.wa.sov/biennium/201718/Pdf/Bi lls/House%20Passed%20Leeislature/1988:5.P1. pdf

Prostitution, and Commercial Sexuat Abuse of a Minor - Statute of Limitations: - DIGEST (DIGEST AS PASSED LEGISLATURE) Addresses the statute of limitations for trafficking, commercial sexual abuse of a minor, promoting commercialsexualabuse of a minor, and promotingtravelforcommercialsexualabuse of a minor' http://lawfilesext.lee.wa.eov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/5030.S1. Pdf

SB 5030 Trafficking,

Vacating Convictions: - DIGEST (SUBSTITUTED FOR - SEE 1ST SUB) Addresses the vacating of prostitution offenses when the person committed the offense as a result of being a victim of trafficking, promoting prostitution in the first degree, promoting commercial sexual abuse of a minor, or trafficking in persons under the trafficking victims protection 361. http://lawfilesext.lee.wa.eov/biennium/2017-18/PdflBills/Session%20Laws/Senate/5272-S.SL.Pdf SB S27Z Forced prostitution

-

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Appendix D: !nterviewees and Work Group Participants Name

lnterview

Organization

Title/Function

Date Val Richie

Prosecuting Attorney

Mollv Jensen* Robert Beiser*

KC CESC

King County Prosecuting Attorney's Office King County Human Resources

May 22

Director

Seattle Against Slavery

May 23 May 25

Emma Catague*

Founder

API Chaya

May 26

Velma Veloria*

Washineton State Legislature UW Women's Center lnternational Rescue Committee

May 25

work group

Sutapa Basu

Former Legislator Director

Celia Chessin-Yudin*

WARN Program

Roy Dodman

Goods & Services Supervisor

Chris Barringer Robin Fenton

Chief of Staff Chief of Criminal lnvestieations Division

Kate Crisham

Assistant US Attorney

Megan Bruneau

La

Jen Wallace

May 25 May 29

Coordinator King County Finance & Business Operations Division, Procurement & Payables Section King County Sheriffs Office King County Sheriff s Office

June 2

Attorney's Office, Western District of Washington Seattle Police Department

June 2

Prosram Coordinator

WashACT

June 8

Tim Warden-Hertz

Attorney

Northwest lmmigrant Rights Proiect

June 8

Chrissy Russillo

Director of Human

King County

June 9

King County

June 9

Businesses Ending Slavery and

June 9

US

bor Trafficki ng Detective

June 2 June 2

June 6

Resources

Julie Dunn

Employment Services Manager

Mar Brettmann*

Director

Priya Rai

Human Trafficking Organizer

API Chaya

June 13

Kirsten Foot

Professor

UW Department of Communications Washington State Department of Labor and lndustries

June 15

Jennifer Hill

Youth Services Coordinator

King County Department of Community and Human Services

June 20

Dan Roisman

Deputy District Attorney Consumer, Environmental and Worker Protection

Alameda County H.E.A.T. Unit

June 20

Trafficking

Annette Taylor

Deputy Assistant Director

for Fraud Prevention and

June 15

Labor Standards

Office of the District Attorney Ala meda County, California

Division

* Participated in the work group meeting. Additional participants in the work group meeting included: Kathleen Morris and Dulce Zamora from IRC/WARN; Joanne Alcantara and Morgan Burdick of API Chaya; Councilmember Kohl-Welles; County project team members Ericka Cox, Carmela Ennis, and Faride Cuevas Ayala; and consultants Margaret McClung and Deborah Espinosa.

HHHS Packet Materials

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September 19, 2017

HHHS Packet Materials

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September 19, 2017

Appendix E: Government Agencies and Organizations Providing Services to Survivors of Labor Trafficking State of Washington Department of Labor and Industries Department of Social and Health Services Office of the Attorney General Office of Crime Victims Advocacy King Countv Department of Community and Human Services Prosecuting Attorney's Office Sheriffs Office Citv of Seattle Human Services Department Office of Labor Standards Seattle Police Department Nonprofit Organizations API/Chaya Businesses Ending Slavery and Trafficking Filipino Community Center International Rescue Committee, Seattle Kids in Need of Defense Northwest Immigrant Rights Project Northwest Justice Project Seattle Against Slavery Washington Engage

HHHS Packet Materials

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September 19, 2017

HHHS Packet Materials

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September 19, 2017

Appendix F: Works Consulted Aequitas. Restitution ond Forfeiture: A Focus on Human Trafficking. April 2014. . Accessed June 2017. Banks, Duren and Tracey Kyckelhahn. "special Report: Characteristics of suspected human trafficking

incidents, 2008-2010." U.S. Department of Justices, Office of Justice Programs, Bureau of Justice Statistics. April 2011. < http://www.bjs.gov/content/pub/pdf/cshti0810.pdf>. Accessed 9 May

2077. Basu, Sutapa and Johnna E. White. Humon Trofficking and Supply Chains: Recommendotions to Reduce

Humon Trafficking in Locoland GlobolSupply Chains. June 201"7. Bowermaster, David. "Couple admit enslaving niece." The Seattle Times.8 September 2006. .

Accessed 18 July

20L7. Casuga, Jay-Anne B. and Michael Rose. "Are State Workplace Preemptions on the Rise?" Bloomberg BNA, Legol(July 19, 2016).


n73O1,4444995/>. Accessed 16 July 2Ot7.

Council of European Municipalities and Regions. EC Guide on Socially Responsible Public Procurement (SRPP): defining principles, requirements ond stondords of Sociolly Responsible Public

Procurement

(SRPP)

for locol and regionol government June 2011'

. Accessed 16 )uly 2017. Freedom Network, USA. 2016 Freedom Network Member Report.2076. <

https ://f

re

edo m netwo rku sa.o rg/a bo ut/re po rts/>. Acce sse d 9 May 2Ot7

.

Freedom Network, USA. Freedom Network Member Report: A closer look ot humon trafficking across the

united Stotes (2010-2012).2014. . Accessed 9 May 2017. Freedom Network, USA. "Human Trafficking and Farmworkers." March 2013. <

http://f reedo m netwo

rk usa.o rg/a dvoca

cy/>. Accessed 9

M

ay 20L7 .

Freedom Network, USA. "Human Trafficking and Workers' Rights." September 2010. <

https ://f reedo m netwo rku

sa. o

rg/a dvoca cy/>. Acce ssed 9 May 2077

.

Freedom Network, USA. "Labor Trafficking is a Women's Rights lssue." September 20L0' <

htt

ps

://f reedo

m

netwo

rk usa. o rg/a dvoca

cy/>. Accessed 9 May 2Ot7

.

Human Rights Fitst. Corporate Liobility ond Humon Trofficking. December 2015.


t HHHS Packet Materials

Page 187

September 19, 2017

f>. Accessed 18 June 2017. Human Trafficking Pro Bono Legal Center. "Civil Trafficking Case Database." Accessed

1.1,

July 2O!7.

Human Trafficking Pro Bono Legal Center. "Federal Criminal Trafficking Case Database: Washington State cases." Email communication 13 July 2OL7.

lnstitute for Local Government. Humon Trofficking: lssue Brief for Locol Government. November 2015. . Accessed 18 June 2017.

lnternational Labour Organization.lLO 2072 Globol Estimote of Forced Lobour Executive Summory. . Accessed 77 July 2077.

lnternational Labour Organization. Profits ond Poverty: The Economics of Forced Lobour. May 2014. . Accesse d 77 )uly 2077

.

lnternational Rescue Committee. "Trafficking Population Reports 2OO4-2O17." Office of Victims of Crime Trafficking lnformation Management System. Email communication 26 June 2017. King County. "Report and Recommendations on Human Trrafficking Response by King County." 3 October

2013. .

Accessed 7 June

20L7. King County Finance & Business Operations, Procurement & Payables. "About Us." Updated May 24,

2017. . Accessed 76 )uly 2077. King County Office of Equity and Social Justice. Equity ond Sociol Justice Strotegic Plon 2076-2022.

. Accessed 10 )uly 2017.

King County Ordinance 18372. September 20,2O'J,6.
legislation.aspx>. Accessed 16 July 2017. Kynn, Jamie, Jordan Steiner, Gretchen L. Hoge, and Judy L. Postmus. Providing Services toTrofficking

Victims: Understonding Proctices ocross the Globe. August 2016.


practices-across-globe>. Accessed 77 July 2OL7.

National Association of Counties. County Authority: A Stote by Stote Report. December 2010.

HHHS Packet Materials

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September 19, 2017

. Accessed 10 July 2017.

National Center for Prosecution of Child Abuse & National District Attorneys Association. Civil Remedies

for Human Trafficking Victims. January 2012. . Accessed 10 July 2017.

National Council of State Legislatures. Human Trafficking. December 2016. Accessed

. June 2017.

National Human Trafficking Hotline. "National Human Trafficking Hotline Data Report: Washington State Re

port L/ L/ 2076

-

121 37 1 2076."

8 Ma rch 2017.

<

http://h

resources/national-hotline-2016-washington-state-report>.

u

ma

ntraffickinghotl i ne.orgl

Accessed 9 May 2017.

National Human Trafficking Resource Center. "Labor Trafficking Cases by lndustry in the United States." June 2015.
united-states>. Accessed 9 May 2017. Office of Crime Victims Advocacy, Washington State Department of Community, Trade & Economic

Development. "Washington State Task Force against the Trafficking of Persons Report to the Legislature." 2008.
llO/ocva-ht-

2008-report.pdf>. Accessed 19 July 2017. Office for Victims of Crime, Training and Technical Assistance Center. "Human Trafficking Task Force e-

Guide." < http://www.ovcttac.gov/taskforceguide/eguide/>. Accessed L6 July 2017. Organization for Security and Co-operation in Europe, Office of the Special Representative and Co-

ordinator for Combating Trafficking in Human Beings. Conference Report: Prevention of Trofficking for Lobour Exploitotion in Supply Chains. December 2016.

.

Accessed 17 June 2Ot7

.

Polaris Project. "2016 Statistics from the National Human Trafficking Hotline and BeFree Textline." January 2017. .

Accessed 9 May

2017. Polaris Project. Analysis

of

Stote Humon Trofficking [ows. August 2013.

.

Accessed June

2017. Polaris Project. The Typology of Modern Slovery: Defining sex ond lobor trofficking in the United Stotes.

March 2Ot7 . < http://polarisproject.org/typology>. Accessed 9 May 2017' President's lnteragency Task Force to Monitor and Combat Trafficking in Persons. Federol Strategic

HHHS Packet Materials

Page 189

September 19, 2017

Action Plon on Services for Victims of Humon Trofficking in the United States 2013-2017. January 2014. .

Accessed 8 June

2017. Pulkkinen, Levi. "Child labor in Seattle: Mexican girl kept in near slavery." Seottle Post-lntelligencer.S

March 2017. . Accessed 18 July 2017. Tizon, Alex. "My Family's Slave." The Atlontic. June 2017.

.Accessed L8 May 2077. Trumbull, Mark. "ln Seattle, a team approach gets victories against traffickers." Christion Science

Monitor Projects.4 January 2015. . Accessed L8 July 2017. United Nations General Assembly. Role of locol government in the promotion ond protection of humon rights

-

Finol report of the Human Rights Council Advisory Committee.

.

Accessed

19 June 2017.

United States Advisory Council on Human Trafficking. Annuol Report 2076.
me nts/o rga n izatio

n

/ 263434.pdf>. Accessed 26 J uly 2077

.

United States Department of Health and Human Services. Services Avoiloble to Victims of Human Trofficking: o resource guide for sociol service providers. May 2012.

. Accessed 8 June 2017. United States Department of Health and Human Services. Compendium of Promising Proctices 201 7.
FYs

2008-

ntraffickinghotline.org/sites/default/files/

Promising%20Practices%20Compendium%20-%20USDHHS.pdf>. Accessed

t7 May 2077.

United States of America, Department of State. Trofficking in Persons Report. July 2015.
n/245365.pdf>. Accesse d 26 July 2017

.

United States of America, Department of State. Trofficking in Persons Report. June 2017.

. Accesse d 26 July 2077 . University of Washington, Jackson School of lnternational Studies Task Force. From lnternotionol Supply Chains to Locol Consumption: Eliminoting labor trafficking

from all companies in Woshington

Stote. March 2015. .

HHHS Packet Materials

Page 190

Accessed 72 May 2077

.

September 19, 2017

Urban lnstitute. Understanding the Orgonizotion, Operotion, and Victimizotion Process of Labor Trofficking in the United States. October 2014. . Accessed 12 May

2O77

.

Verit6. Anti-Humon Trofficking Business Authenticotion Criterio: Compony Level ond Site Level. June 2016.
BusinessAuthenticationCriteria_r1.pdf>. Accessed L7 May 2OI7

rite-

.

Verit6. Strengthening Protections ogoinst Trofficking in Persons in Federal ond Corporote Supply Choins: Reseorch

on

worldwide. Phose 1.2017. < http://www.verite.org/wp-

risk in 43 commodities

content/uploadslZOtll04/EO-and-Commodity-Reports-Combined-FINAL-2017.pdf>Accessed

2

May 20L7.

Washington State Department of Social and Health Services. "Refugee Cash Assistance." .

Accessed

18 July 2017.

Walter, Shoshana. "ln Secretive Marijuana lndustry, Whispers of Abuse and Trafficking." Reveal News' The Center for lnvestigative Reporting. 8 September 2016.


trafficking/>. Accessed t May 2O\7 Waters,

L.

.

et al. Stote Confidentiality Stotutes. Februa ry 2017.
content/uploadsl2Ol,5lpdf/CONF-VAWA-tool-StateConfStatutes-20111.pdf>. Accessed July 2077. Zhang, Sheldon X. Looking

for a Hidden Populotion: Trofficking of migrant laborers in San Diego County.

November 2012. . Accessed

HHHS Packet Materials

t6 June 2077.

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September 19, 2017

HHHS Packet Materials

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September 19, 2017

ATTACHMENT 2

KING COUNTY LABOR TRAFFICKING STUDY Health, Housing and Human Services Committee Briefing Margi McClung and Debbie Espinosa September 19, 2017

HHHS Packet Materials

Page 193

September 19, 2017

Overview 1. Scope of Work, Methodology, and Timeline 2. Key Findings and Recommendations on Scope / Nature of Labor Trafficking and Services 3. Key Findings and Recommendations on County as Employer, Business, Regulator, and Law Enforcement HHHS Packet Materials

Page 194

September 19, 2017

1. Scope of Work & Methodology Purpose: Provide recommendations on how the county can effectively address systemic nature of labor trafficking and economic exploitation in region. Timeframe: May 1st – July 31st (report due 7/31) Report audience: King County Executive and Council

HHHS Packet Materials

Page 195

September 19, 2017

1. Scope of Work & Methodology (cont’d) Study to cover • Scope and nature of labor trafficking in the region • Service landscape for survivors • Analysis of current King County practices, and review of

good practices related to: service provision; prevention, protection, and prosecution; and business practices, regulatory authority, and ethical sourcing • Analysis of Washington State labor trafficking-related

legislation • Recommendations on the above HHHS Packet Materials

Page 196

September 19, 2017

1. Scope of Work & Methodology (cont’d) Desk research first half of May; iterative Key informant interviews May – June, interviewed 22 people Work group validation June 27 aimed at sharing preliminary work with subject matter experts and receiving input Report drafting June – July, with internal review of County project team; final draft submitted July 28 HHHS Packet Materials

Page 197

September 19, 2017

2. Key Findings and Recommendations: Scope and Nature of Labor Trafficking in the Region

HHHS Packet Materials

Page 198

September 19, 2017

2.1 Defining Labor Trafficking • Labor trafficking (also called forced labor or modern

slavery) is a form of human trafficking that involves compelled labor through force, fraud, or coercion. • Criminal offense under federal law and Washington State

law (WA was the first state to criminalize human trafficking) • Human rights violation under international covenants • Can involve human smuggling (illicit transport of persons),

but not required to meet the legal definition HHHS Packet Materials

Page 199

September 19, 2017

2.2 Scope and Nature Prevalence Global - estimated 14.2 million people are victims of forced labor (approx. $150 billion per year in illegal profits) Washington State - roughly 50 people per year statewide identified as trafficking survivors by investigators and/or service providers • Three cases prosecuted under labor trafficking charges in past

10 years, likely more resolved under non-trafficking charges • Data is limited, and available data likely underestimates scope • Recommendation – further research HHHS Packet Materials

Page 200

September 19, 2017

2.2 Scope and Nature (cont’d) Where and How Occurs • Survivors predominantly foreign nationals, many arriving on temporary nonimmigrant worker visas • Some recruited by family or acquaintances in home country • Force, fraud, or coercion • Language barriers and isolation Countries of Origin of Survivors (data from state service providers) Mexico, Philippines, Honduras, Thailand, India, Ethiopia, Guatemala, China, and Kenya HHHS Packet Materials

Page 201

September 19, 2017

2.2 Scope and Nature (cont’d) Industries/Sectors • • • • • • • • • • • • • • • •

Domestic servitude (in-home domestic work, and elder/child care) Restaurants In-home health care Nursing facilities Child care facilities Cleaning/janitorial services Factories/manufacturing, and food processing plants Landscaping Construction, painting Hospitality (hotels, motels, etc.), primarily housekeeping Drug smuggling and distribution Nail salons Massage parlors In-home businesses (small home-based textile business) Begging/panhandling Horticultural nurseries, agriculture and animal husbandry HHHS Packet Materials

Page 202

September 19, 2017

2.3 Service Landscape Survivor Needs – Intensive case management; housing (emergency shelter and long-term affordable housing); cash and food assistance; employment and job readiness/placement services; education; legal assistance; physical and mental health services Service Provider Network • Service providers • Networks and task forces • Immigration assistance • Mobilization orgs HHHS Packet Materials

Page 203

September 19, 2017

2.4 Gaps, Challenges & Recommendations 1.

Immigration-related Barriers to Benefits: lack of legal status presents barriers to accessing state & federal benefits

Recommendations: • County funding to service providers (ensure funding does not limit eligibility based on immigration status). • State legislation making trafficking survivors eligible for state benefits at the

point that they are identified as a trafficking survivor. • Seattle/King County Legal Defense Fund for Immigrants and Refugees

funding to orgs with experience serving labor trafficking survivors; consider earmarked funding in future for training for immigration attorneys. • Support efforts to increase linguistic and culturally appropriate attorney pool. • Support low-cost Continuing Legal Education on labor trafficking. HHHS Packet Materials

Page 204

September 19, 2017

2.4 Gaps, Challenges & Recs (cont’d) 2.

Shelter and Transitional Housing Access: no dedicated shelters for labor trafficking survivors; limited options for women (DV shelters) and men (recovery centers or homeless shelters). Eligibility requirements for transitional housing a barrier.

Recommendations: • Establish emergency shelter slots for trafficking survivors

(linguistically and culturally appropriate, staff trained & able to provide trauma-informed care). • Reduce barriers for trafficking survivors to access transitional

housing, and increase funding. • Ensure staff for 2-1-1 and other points of entry are trained to

serve labor trafficking survivors HHHS Packet Materials

Page 205

September 19, 2017

2.4 Gaps, Challenges & Recs (cont’d) 3.

Long-term Affordable Housing Access: Limited funding for housing (about $300 per month for each survivor) insufficient to rent in metro area.

Recommendations: • County funding for housing subsidies to labor trafficking

survivors for at least one year (renewable one time), or until survivors become eligible for state housing benefits. • Ensure that the standing advisory panel to the King County

Regional Affordable Housing Task Force includes a trafficking survivor, or representative from an organization serving survivors so that policies and solutions for affordable housing take trafficking survivor needs into account. HHHS Packet Materials

Page 206

September 19, 2017

2.4 Gaps, Challenges & Recs (cont’d) 4.

Employment Authorization and Services: Survivors may resort to informal employment arrangements while awaiting work authorization; few programs able to accept unauthorized immigrants and limited-English speakers.

Recommendations: • Advocate for funding to community colleges for combined ESL and job training for labor trafficking survivors. • Convene focus group to explore possibilities for paid

internships and/or apprenticeships for labor trafficking survivors. • County funding for programs supporting safer casual labor

options for survivors. HHHS Packet Materials

Page 207

September 19, 2017

2.4 Gaps, Challenges & Recs (cont’d) 5.

Limited Awareness of and Resources for Labor Trafficking: Labor trafficking awareness low; law enforcement and government employees more aware of sex trafficking (hampers identification and service); resources limited for labor trafficking; limited English proficiency creates barriers for survivors (rights awareness, communicating with law enforcement, accessing services).

Recommendations: • Consider creating dedicated labor trafficking task force. • Revive King County trafficking public awareness campaign. • Consider soliciting awareness-raising materials from artists and arts

organizations through King County’s 4Culture to increase public awareness. • Fund community organizing as a labor trafficking prevention strategy. HHHS Packet Materials

Page 208

September 19, 2017

2.4 Gaps, Challenges & Recs (cont’d) Recommendations cont’d: • Training for frontline County employees in position to recognize

and report suspected labor trafficking. • Training on trafficking survivor needs and rights, and

appropriate language access (and budget) for all county agencies that may begin to interact with labor trafficking survivors. • Weave labor trafficking into the county’s work on immigrant and

refugee issues. • Ensure know your rights campaigns with immigrant and worker

populations are providing information on labor trafficking in multiple relevant languages, and staff is informed about where to refer suspected trafficking. HHHS Packet Materials

Page 209

September 19, 2017

3. Key Findings and Recommendations: King County Roles in Responding to Labor Trafficking

HHHS Packet Materials

Page 210

September 19, 2017

3.1 As Employer 14,000 employees 2. Plans to train on sex trafficking, not labor trafficking 3. DCHS staff responsible for intake do not screen for indicators that an individual may have been trafficked for labor 4. Department of Labor & Industries (L&I) creating mandatory training curriculum for 3,000 staff; includes both labor and sex trafficking. 1.

• • •

5.

Will be available to all public agencies within Washington L&I is not yet tracking labor trafficking investigations Will update its reporting systems

L&I considering updating travel / per diem policies to encourage traveling staff to select BEST coalition hotels HHHS Packet Materials Page 211 September 19, 2017

3.1 Employer Recommendations 1.

Expand planning trafficking training to encompass labor trafficking.

2.

Update travel and per diem policy to reference BEST coalition hotels.

3.

Distribute labor trafficking awareness materials to traveling County staff.

4.

Highlight County’s Employee Giving Program for traffickingrelated organizations.

5.

Partner and host employee and public screenings of labor trafficking videos.

6.

Weave labor trafficking survivors into ESJ efforts to make County employment accessible communities. HHHS Packet Materials Page 212 to underservedSeptember 19, 2017

3.2 As a Business 1.

Opportunity to use procurement to influence vendors’ labor practices and advance County’s labor trafficking agenda (similar to County’s Environmental Purchasing Program).

2.

County requires contractors to pay living wage

3.

County prohibits wage theft by contractors

4.

County requires declaration of historical compliance with trafficking laws for solicitations valued at $100,000 or more

5.

Lots of resources for and examples of public policies to ensure ethical supply chains: • Sweatfree Communities campaign members: 7states, 45 cities, 16 counties,

118 school districts, and one nationwide religious denomination, including Cities of Seattle, Portland, San Francisco • American Bar Association’s Model Business Policy and a Model Supplier Policy

to address labor trafficking HHHS Packet Materials

Page 213

September 19, 2017

3.2 Business Recommendations 1.

Develop and publicize County policy on human trafficking.

2.

Develop and fund strategy to implement policy.

3.

Require contractors to due diligence efforts to reduce risk of labor trafficking in operations.

4.

Expand procurement policy to require contractors to declare their operations are free of trafficking during the term of the contract.

5.

Highlight on the County’s website its commitment and efforts to reduce the risk of labor trafficking in its operations and supply chains. HHHS Packet Materials

Page 214

September 19, 2017

3.3 As Regulator 1. Notice of workers’ rights: Washington State requires

employers and international labor recruitment agencies that hire foreign nationals to work in the state to disclose their labor rights and detail all fees to be charged to worker. 2. Public notice requirements: California requires certain

businesses to post a notice in multiple languages about human trafficking for victims and the public, including hotline. 3. Seattle Office of Labor Standards: City of Seattle

office created to implement city labor standards. Office investigates complaints, conducts worker outreach, provides technical assistance to businesses, and HHHS Packet Materials Page 215 September 19, 2017 worker resources and referrals.

3.3 Regulator Recommendations 1.

Coordinate with Washington L&I on monitoring compliance with the notice of workers’ rights requirement, and with state and city employment and wage violation investigation divisions to push for increased monitoring and enforcement.

2.

Require certain businesses to post information (in multiple languages depending on the population) about labor trafficking and how to get help or report suspicious activity with accompanying penalties for failing to post.

3.

Partner with municipalities to require large businesses to disclose on their website policies regarding labor trafficking in their supply chain.

4.

Meet quarterly with L&I‘s Fraud Prevention and Labor Standards Division to share data and coordinate activities. HHHS Packet Materials

Page 216

September 19, 2017

3.4 Law Enforcement 1.

Limited prosecution of labor traffickers: U.S. Attorney’s Office

2.

No labor trafficking prosecutions by King County because:

3.



No cases brought to Prosecuting Attorney’s Office



Hard to identify because occurs in private, victim isolated physically, culturally, and linguistically



Trafficking survivors hesitant to come forward due to undocumented status and general distrust of law enforcement



Many survivors were trafficked elsewhere

Washington State just extended statute of limitations on charging trafficking offenses from three to ten years. HHHS Packet Materials

Page 217

September 19, 2017

3.4 Law Enforcement (cont’d) 4. 5. 6.

Seattle Police Department (SPD) dedicated detective, working in partnership with Homeland Security Investigations. Unclear if SPD will continue to dedicate an officer to labor trafficking investigations when the grant ends. Sheriff’s Office willing to investigate labor trafficking but needs: • • • •

Resources “Cultural competency” Public awareness campaigns Training based on stories from officers and survivors

King County law enforcement and prosecutors involved in a number of trafficking task forces, many focused on sex trafficking. 8. Sheriff’s Office previously involved in WashAct but has not attended for a few years. Page 218 HHHS Packet Materials September 19, 2017 7.

3.4 Law Enforcement Recommendations 1. 2. 3. 4.

5.

Advocate with local US Attorneys to prosecute cases under labor trafficking charges. In-person training for County law enforcement, including examples of successful cases and survivor stories Consider benefits of King County Sheriff’s Office reengaging with WashACT to tap available resources. Develop policies and protocols for law enforcement officers and prosecutors to respond to labor trafficking and to operationalize federal and state legal frameworks. Ensure officers are aware of language access responsibilities, and instruct officer to use employer-issued cell phones to call Language Line and service providers when encountering labor trafficking victims with limited English. HHHS Packet Materials

Page 219

September 19, 2017

Thank you!

HHHS Packet Materials

Page 220

September 19, 2017

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